Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540 This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exe ..read more

Southwark Law Centre Housing Caseworker/Solicitor Salary range NJC scale SP 28-37 £40,389-£49,071 35 hours per week Part time considered We are seeking to recruit a housing caseworker/solicitor to join our housing team of 10 who are based in our offices in Southwark and Lewisham. The successful applicant will have : • At least 2 years’ recent experience of providing LAA Contract housing advice and representation under the legal help and legal aid schemes in particular in the areas of disrepair, possession and homelessness • Ability to meet the Legal Aid Agency supervisor requirements for Housi ..read more

So, a 4 July general election it is. Dissolution of Parliament will be on 30 May 2024. If Sunak hasn’t already dissolved. Wash-up – pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when Parliament is prorogued. What does this mean for some key bits of housing legislation? The Renters (Reform) Bill is currently awaiting committee stage in the House of Lords (meaning committee, report, and third reading stages in the Lords, plus any ping pong with the House of Commons over amendments to go.) The Leasehold and Freehold Bill is curren ..read more

Santander PLC v Harris (2024) EWHC 351 (KB) A quick note on a sad case. This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months. It is apparent that Mr Harris had been in substantial dispute with his freeholder over service charges, administration charges and ground rent for quite some time, but very unsuccessfully. The freeholder had o ..read more

Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin) Waltham Forest owed Ms Bano the full housing duty.  In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time. Ms B remained in temporary accommodation. In November ..read more

Well, well. You wait four years then three come along at once. Our thanks to Doughty Street Chambers for their note of a County Court judgment on damages for disrepair and unfitness for human habitation. Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024) Engmann was Lambeth’s secure tenant since October 2018. Since the start of the tenancy there had been damp and mould due to defects to external brickwork and a failed damp proof course. In December 2022, a leak started at the property, causing the collapse of the living room ceiling a month later. A month after th ..read more

This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority. D’Aubigny v Khan & Anor. Central London County Court, 1 December 2023. (Copy of judgment here). Ms D’Aubigny was the assured shorthold tenant of the Khans. The Khans brought a s,21 ..read more

Our grateful thanks to Alexa Thompson, a pupil barrister at Garden Court North for this note on an Upper Tribunal benefits appeal which may be of significance for many people when they leave temporary or supported accommodation. Thanks also to Tom Royston, counsel for JA, and Shelter, acting for JA. Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church) This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Uni ..read more

FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin) This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs. The key threshold issue was whether RBKC were providing a service or public function, for the purposes of Part 3 Equality Act 2010, or whether they were managing or controlling let premises within the meaning of Part 4 Equality Act. The distinction was vital because while Part 3   ..read more

The Community Law Partnership Housing Solicitor/Caseworker to join our busy and friendly team in our Birmingham City Centre office. Full or part time. Hybrid working available. Work involves legally aided litigation in High Court (JR) and County Court (Homeless Appeals, Possession Proceedings) for homeless people, tenants, and others in housing need. More information and application forms at: https://www.communitylawpartnership.co.uk/noticeboard/vacancies The post Job Ad – Birmingham appeared first on Nearly Legal: Housing Law News and Comment ..read more