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Masthead Housing - Housing Law

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Norton your nelly!

The Court of Appeal has rejected a starter tenant's policy-breach complaints. Dean Underwood explains why.

News headlines

Dec 15, 2017

Ombudsman finds fault in seven out of ten homelessness complaints

The Local Government and Social Care Ombudsman found fault in 70% of complaints about homelessness it investigated in detail in 2016/17.
Dec 14, 2017

Government policy on rough sleeping by EEA nationals unlawful: High Court

The Government’s policy of treating rough sleeping by EEA nationals as an abuse of EU treaty rights, rendering the individuals liable to removal if proportionate to do so, is unlawful, a High Court judge has ruled.
Dec 04, 2017

Family with no recourse to public funds wins judicial review battle with council

Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.
Nov 29, 2017

Ombudsman tells council to pay compensation over forcible eviction by landlord

Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.
Nov 21, 2017

Home Office faces High Court hearing over policy on rough sleeping EEA nationals

The High Court is today [21 November] set to begin hearing a judicial review challenge to the Home Office’s policy towards rough sleeping EEA nationals.

Features and analysis

Housing associations and reclassification

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Do housing associations still exercise “public functions”? Andy Lane looks at the impact of the reclassification of registered providers as private rather than public bodies.

Supreme Court rejects appeal by Zambrano carer over provision

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The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.

EU nationals and the immigration tribunal

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Families of EU nationals have won a court battle for a right of appeal. Rajiv Sharma explains the Court of Appeal's ruling.

Homelessness update

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Sarah Salmon looks at recent Court of Appeal decisions that provide guidance on vulnerability under section 189(1)(c), Housing Act 1996; contracting out and the Public-Sector Equality Duty (PSED); and intentional homelessness - breaking the causal link.

Older articles

Nov 03, 2017

Homelessness update

Sarah Salmon looks at recent Court of Appeal decisions that provide guidance on vulnerability under section 189(1)(c), Housing Act 1996; contracting out and the Public-Sector Equality Duty (PSED); and intentional homelessness - breaking the causal…
Nov 01, 2017

High Court judge rejects appeal by council over dismissal of possession claim

An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.
Oct 30, 2017

DCLG consults on councils treating domestic abuse victims as priority for social housing

The Government has launched a consultation on proposals for new statutory guidance that would see local authorities treat victims of domestic abuse as a priority for social housing.
Oct 20, 2017

Homelessness and vulnerability

What is the correct test as to whether a person has a priority need for accommodation by reason of vulnerability? Riccardo Calzavara reports on an important Court of Appeal ruling.
Oct 13, 2017

The absolute ground and reviews

The Court of Appeal has handed down an important ruling on the timescales for the absolute ground for possession. Tina Conlan reports.
Oct 10, 2017

London borough discharged homelessness duty with Wolverhampton offer: judge

A court has ruled that the London Borough of Brent discharged its duty when it offered a disabled homeless applicant accommodation in Wolverhampton.
Oct 02, 2017

Regulator raps housing association over failure to give sufficient notice of eviction

A housing association in the West Midlands breached the tenancy standard when a number of individuals with protected licences in one of its temporary accommodation schemes were given insufficient notice of eviction, the Homes & Communities Agency…
Sep 28, 2017

Delays in the provision of housing

A High Court judge has refused permission for a sex offender’s challenge to councils over delays in the provision of housing. Matt Hutchings QC explains why.
Sep 07, 2017

Preparing for the Renting Homes (Wales) Act

Are local authorities in Wales ready for the Renting Homes (Wales) Act? Rob Phillips reports.
Sep 07, 2017

Security of tenure and settled accommodation

Mathew McDermott discusses how relevant, if at all, the questions of hindsight and one’s own understanding of one’s security of tenure are when looking at whether or not accommodation is ‘settled’.
Aug 31, 2017

Dwellings and protection from eviction

A High Court judge has recently considered whether an appellant occupied a property as a ‘dwelling’ and whether a notice to quit was valid. Toby Vanhegan explains the outcome.
Aug 31, 2017

Are housing associations public or private?

Catherine Rowlands looks at some of the issues that arise around the status of housing associations.
Aug 30, 2017

Emphasis on processes rather than outcomes undermining disabled rights: report

Actions by local authorities and the NHS have aggravated the negative affects on disabled people of government policies, a coalition of deaf and disabled people’s organisations has said.
Aug 18, 2017

Claimant law firm fires warning over “narrow focus” for Grenfell Tower inquiry

A leading claimant law firm has questioned whether the terms of reference for the Grenfell Tower inquiry will satisfy the Government’s legal obligations to investigate the full circumstances surrounding the fire.
Aug 17, 2017

Council to review homelessness procedures after disabled woman “left in limbo”

A borough council has agreed to review its homelessness procedures after a Local Government and Social Care Ombudsman investigation into how a disabled woman was “left in limbo”.
Aug 17, 2017

Fire safety and decanting

The High Court has this month considered a legal challenge brought by a tower block resident after her temporary accommodation was ended on the completion of fire safety works. Helen Tucker and Baljit Basra examine the case.
Aug 16, 2017

Grenfell Tower inquiry to focus on council response and technical issues

Former appeal court judge Sir Martin Moore-Bick has said he will focus his inquiry into the Grenfell Tower fire disaster on the Royal Boroigh of Kensington & Chelsea’s response and on technical issues of design, construction and renovation.
Aug 08, 2017

London borough secures dismissal of private prosecution brought by occupier

A London borough has successfully argued that it had no case to answer in a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990, it has been reported.
Aug 08, 2017

Housing association secures outright possession order on appeal

A housing association has successfully appealed a Recorder’s decision to grant only a suspended order of possession, with the High Court judge concluding that the original ruling was “fatally and demonstrably flawed”.
Aug 03, 2017

The benefit cap and lone parents

The benefits cap was slammed by Mr Justice Collins as operating to unlawfully discriminate lone parents with children under the age of two. Rachel Coyle explains why.

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