Articles tagged Allocation

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Ahmad: the cup’s half empty

4 Mar 2009 By Dave@nearlylegal Housing Law

As they say in American tv shows: ohmigod. R(Ahmad) v LB Newham [2009] UKHL 14 is now available and the Lords have done a pretty good job at destroying the jurisprudence built up by the High Court and Court of Appeal in Part 6 cases. The headlines are: (a) Newham’s scheme was not [...]

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Your name’s not down, you’re not getting in

26 Feb 2009 By Nearly Legal Housing Law

R (Ariemuguvbe) v LB Islington (2009) QBD (Admin) 24/02/09 [just on Lawtel, not on Bailii yet - what's up with Bailii?] concerned the meaning of ‘household’ for the purposes of Part VI Housing Act 1996.
A. had applied to Islington as homeless and Islington had accepted the full housing duty. A. and her family were temporarily [...]

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Allocations/Homelessness

23 Jan 2009 By Dave@nearlylegal Housing Law

Alam v LB Tower Hamlets[2009] EWHC 44 (Admin) is one of those interesting cases that you get in allocations – well, interesting because a council like LB Tower Hamlets should probably know better than to have an obscure clause in its allocations scheme which surely will be challenged sooner rather than later (that it took [...]

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EU Workers and housing eligibility

21 Dec 2008 By Nearly Legal Housing Law

Barry v London Borough of Southwark [2008] EWCA Civ 1440 concerned an EEA national’s eligibility for social housing, via a Part VII application.
EEA ‘workers’ are eligible for housing assistance as they are not persons subject to immigration control for the purposes of s.185(1) Housing Act 1996 and Reg 6 of the Allocation of Housing and [...]

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Catch-up miscellany

2 Dec 2008 By Nearly Legal Housing Law

Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don’t make the reports. There were a few of those in December’s Legal Action that are worth a mention – of course, all I have to go on is the LA note. (Hint – [...]

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CBL Guidance – More Thoughts …

10 Sep 2008 By Dave@nearlylegal Housing Law

Well, Nearly Legal asks and the CLG deliver. We posted a note on 12 August, when not much was happening, asking why the new CBL guidance hadn’t seen the light of day (with some scurrilous thoughts), and a couple of weeks later it was published (link here) with no need for transparent envelopes. [...]

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Faarah Allocation Appeal

12 Jul 2008 By Nearly Legal Housing Law

This was a judicial review against Southwark’s allocation policy, reported in this post, which Southwark, rather surprisingly, appealed.
Faarah, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 807 was the result. The issue was the manner in which Southwark had translated medical priority points for transfer under the old allocation scheme [...]

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Allocation Judicial Review 2

30 Mar 2008 By Nearly Legal Housing Law

This is the second of the two judicial reviews of Southwark’s allocation scheme and arguably the more significant of the two. (The first case is in the previous post.)
R(Faarah) v Southwark LBC [2008] EWHC 529 (Admin) concerned Southwark’s managment of the transition from a points based scheme to a CBL scheme and specifically the award [...]

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Allocation Judicial Review 1

30 Mar 2008 By Nearly Legal Housing Law

I’ve been waiting to post on the outcome of two judicial reviews of Southwark’s allocation scheme for a while, hoping they would appear on BAILII. They haven’t, but Garden Court have briefly set out the cases in their 24 March bulletin. So, here is the first of two posts on these cases.
R(Yazar) v Southwark LBC [...]

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Allocation and cumulative need

3 Mar 2008 By Nearly Legal Housing Law

Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 was Newham’s appeal of a JR decision that its allocation scheme was unlawful for failing to take adequate account of cumulative need. This is going to be a long post. Allocation schemes are complex and the issues surrounding their legality [...]

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