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Masthead Housing - Housing Law

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Lack of succession rights and the HRA

John Murray analyses a recent High Court case whereby a council successfully retained a possession order against a mother and son who suffered from a range of medical issues and resided in a three-bedroom property, but had no succession rights.

News headlines

Jun 22, 2018

Law Centres Network wins battle with MoJ over housing legal aid scheme changes

A High Court judge has quashed changes introduced by the Ministry of Justice to the Housing Possession Court Duty Scheme (HPCDS), it has been reported.
Jun 21, 2018

Council criticised for failure to take into account health conditions of tenant

The Local Government & Social Care Ombudsman (LGO) has criticised a London borough for failing to take into account a man’s life-threatening health conditions – despite receiving letters from his specialists – when it decided the type of homes for…
Jun 14, 2018

Trafficked woman harassed when housed by council fails in damages claim

A judge has dismissed a claim brought by a woman trafficked into prostitution that a council was responsible for harassment that occurred when she was housed.
Jun 13, 2018

Council criticised over failure to support homeless teenager

A homeless Islington teenager has been “lost in the system” after council officers failed to support her when she called on them for help, the Local Government & Social Care Ombudsman has said.
Jun 08, 2018

Council rapped for delays while homeless family left in crowded conditions

The Local Government & Social Care Ombudsman (LGO) has criticised a London borough after an investigation found that a mother and her five children were accommodated in a damp and mouldy single bedroom.

Features and analysis

A pragmatic approach

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John Murray takes a look into a specific appeal against a housing association landlord's decision to serve notice on a starter tenant.

Capacity and housing: a strange relationship

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The Court of Appeal has handed down an important judgment on the capacity to make a homelessness application. The Court of Protection team at 39 Essex Chambers examine the ruling.

Homelessness and local connection

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LexisPSL Local Government, in partnership with Catherine Rowlands of Cornerstone Barristers, consider the issues around homelessness and local connection.

Homelessness and academic appeals

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The Court of Appeal has reiterated in the context of homelessness appeals that the discretion to allow an academic appeal to proceed where it raises a point of law of general importance is to be exercised exceptionally, writes Stephanie Lovegrove.

Older articles

May 29, 2018

Anthony Collins hires experienced city council lawyer for housing management team

Hilary Homfray, a solicitor who has worked for Birmingham City Council for the last 14 years, has joined Anthony Collins Solicitors as an associate in its housing management team.
May 24, 2018

Housing association fails in appeal over ruling it harassed tenants

Social landlord Metropolitan Housing Trust has failed to convince the Court of Appeal to overturn a finding that it unlawfully harassed two tenants.
May 11, 2018

Homelessness and local connection

LexisPSL Local Government, in partnership with Catherine Rowlands of Cornerstone Barristers, consider the issues around homelessness and local connection.
May 11, 2018

Homelessness and academic appeals

The Court of Appeal has reiterated in the context of homelessness appeals that the discretion to allow an academic appeal to proceed where it raises a point of law of general importance is to be exercised exceptionally, writes Stephanie Lovegrove.
May 09, 2018

Bevan Brittan strengthens housing team with senior associate hire

Law firm Bevan Brittan has bolstered its housing team with the appointment of Sarah Greenhalgh as a senior associate.
May 04, 2018

Assisting the homeless

LexisPSL Local Government, in partnership with Elizabeth England of 42 Bedford Row, look at how local authorities from 3 April are expected to assist the homeless.
Apr 27, 2018

The big court or the home court?

The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 1996 if the s.204 appeal is challenging a review decision rather than the original decision. Michael Paget and Zoë Whittington report.
Apr 25, 2018

Select committee calls for councils to have wider housing enforcement powers

MPs have backed wider and more widely used housing enforcement powers for councils and further protections for tenants from retaliatory eviction, rent increases and harassment.
Apr 20, 2018

Proving an error of law

Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996.
Apr 12, 2018

Council rapped after homeless family left to live in hotel rooms for three years

The Local Government and Social Care Ombudsman has sharply criticised a city council after a family, including children with disabilities, shared a single hotel room for more than three years because the local authority did not treat their housing…
Apr 09, 2018

Councils “threatening to take children of undocumented parents into care”: claim

When faced with undocumented families in desperate need, local authorities are often only offering accommodation to children – “effectively threatening to take them into care if an undocumented parent asks social services for support”, human rights…
Apr 04, 2018

County council to act as guarantor for care leavers when renting

Kent County Council is set to operate a pilot scheme under which it would act as guarantor for care leavers who rent a home and pay a landlord.
Mar 26, 2018

High Court judge rules council unlawfully failed to rehouse family

Disagreements between housing officers and social workers led the London Borough of Haringey to unlawfully fail to rehouse a family, a High Court judge has ruled.
Mar 15, 2018

Council criticised for placing homeless woman in ‘squalid’ accommodation

The Local Government & Social Care Ombudsman (LGO) has criticised a district council for leaving an older woman in temporary accommodation that was “at best shabby, dirty and in disrepair”.
Mar 08, 2018

Orders for possession and s.11 CA

The Court of Appeal has ruled that a breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession. Andy Lane and Tara O'Leary set out the lessons to be learned from the judgment.
Mar 08, 2018

Children of secure tenants

Mathew McDermott discusses a potentially very important judgment which looked at whether it is fair to treat the children of secure tenants differently for the purpose of succession depending upon how their deceased parent became the tenant.
Mar 07, 2018

Supreme Court to hear case on intentional homelessness and rent shortfalls

The Supreme Court has granted permission to appeal in a key case on intentional homelessness, housing benefit and subsistence benefits.
Mar 01, 2018

Landlords warned over blanket ban on applications from people on benefits

Lettings agents and landlords have been warned that they may be breaking the law if they refuse on a blanket basis to consider potential tenants simply because they are on benefits.
Feb 28, 2018

LGA consults on amendments to guidelines on referrals of homeless applicants

The Local Government Association is consulting with local housing authorities on draft amendments to the voluntary guidelines on the procedure for referrals of homeless applicants to another local authority, and for invoking the disputes procedure.
Feb 23, 2018

More public bodies to be under duty to make referrals to housing authorities

Prisons, probation services, Jobcentres and NHS Trusts will be among the organisations that for the first time have a duty to refer persons at risk of becoming homeless to a housing authority, the Government has said.

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