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Masthead Housing - Litigation

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Selective licensing and conditions

Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.

News headlines

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 06, 2018

High Court rules on whether children are ‘residents’ for HMO rules

Children aged under 18 are ‘residents’ for the purpose of calculating how many people live in a house in multiple occupation, the High Court has ruled.
Mar 05, 2018

Housing association axes large-scale regeneration plans for estate in Bath

A social landlord has said it will no longer pursue plans for the large-scale regeneration of a housing estate in Bath.
Feb 28, 2018

Appeal to be submitted this week in Haringey development vehicle case

An appeal is to be submitted this week over the High Court’s dismissal of a high-profile legal challenge to the London Borough of Haringey’s proposed development vehicle.
Feb 23, 2018

Housing association settles legal battle with residents over cut-off gas supply

A housing association has settled a legal battle with 57 residents who were left without a gas supply for up to four months in January 2016.

Features and analysis

Orders for possession and s.11 CA

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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.

Children of secure tenants

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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.

The right to rent and councils’ duties

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Alice Richardson discusses with LexisPSL Local Government the first reported case to consider the relevance of the ‘right to rent’ provisions in the Immigration Act 2014 to assessments under section 17 of the Children Act 1989 where parents claim to be destitute.

Service of statutory notices

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Are the prescribed methods of service of statutory notices exhaustive? Brendon Lee considers the key issues.

Older articles

Feb 21, 2018

Litigants in person must get familiar with rules, practice directions: Supreme Court

Unless civil procedure rules and practice directions are “particularly inaccessible or obscure”, it is reasonable to expect a litigant in person to familiarise himself with those which apply to any step he is about to take, the Supreme Court has…
Feb 19, 2018

Appeal judges reject claim £59k confiscation for planning breaches was excessive

The Court of Appeal has rejected claims that a fine of £3,500 and a confiscation order of £59,000 for breach of planning laws were excessive.
Feb 16, 2018

Peters v Haringey and the LLP debate

The High Court's ruling on a controversial Haringey Council regeneration scheme has some important lessons for local authorities considering similar projects, write Alex Kynoch and Karl Edwards.
Feb 16, 2018

When is a breach of tenancy “relevant”?

The High Court has considered the proper interpretation of s7 Housing Act 1988 in a recent appeal. Jane Talbot analyses the ruling.
Feb 08, 2018

High Court rejects challenge to lawfulness of Haringey development vehicle

A High Court judge has today dismissed a judicial review challenge to the lawfulness of the procedures adopted by the London Borough of Haringey for the establishment of a controversial development vehicle.
Feb 02, 2018

Council claims legal first in use of POCA for safety and amenity regulation offences

The London Borough of Brent said this week that it has become the first council in the country to use the Proceeds of Crime Act 2002 (POCA) against landlords for criminal offences linked to safety and amenity regulations. His Honour Recorder Rubin…
Feb 02, 2018

Fundamental dishonesty in PI claims

The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.
Jan 30, 2018

Borough council secures £70,000 fine for HMO offences

Luton Borough Council has secured its largest ever fine - £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).
Jan 26, 2018

What is a bedroom?

A recent Upper Tribunal ruling on assessment of bedrooms could have a significant impact on stretched local housing authorities, writes Zishaan Saleem.
Jan 25, 2018

Judge rejects challenge to decision that 9-year-old was not a “child in need”

A High Court judge has dismissed a claim for judicial review over a decision of Birmingham City Council that a child was not a "child in need" for the purposes of section 17 of the Children Act 1989.
Jan 18, 2018

High Court judge orders re-trial of possession claim brought by housing association

A High Court judge has allowed a housing association’s appeal against the dismissal of a claim for possession and ordered the action to be remitted to be retried.
Jan 17, 2018

Judge upholds decision by London borough on neighbourhood plan referendum

A judge has rejected a challenge to a London borough’s decision to put a neighbourhood plan to a referendum.
Jan 10, 2018

High Court judge criticises “very serious defects” in housing decision letter

A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.
Jan 10, 2018

Residents association in judicial review challenge over estate redevelopment

A residents’ association in Bath is to bring a judicial review challenge of Bath and North East Somerset Council’s decision to approve the redevelopment of their housing estate.
Jan 04, 2018

Compliance with the cost budgeting process

The High Court has sent a firm message to litigants who seek to take advantage of the courts' hard-line stance on the cost budgeting process, writes Laura Murray.
Dec 20, 2017

Developer nets injunction preventing council from presenting winding up petition

A developer has secured a final injunction from the High Court preventing Liverpool City Council from presenting or advertising a winding up petition.
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 13, 2017

Estate agents fined £35k over failure to provide safety information on HMO

Estate agent Foxtons has been fined £35,000 following action against it by the London Borough of Tower Hamlets.
Dec 08, 2017

Giving reasons for planning decisions

Ned Westaway and Charlie Merrett consider the duty to give reasons for planning decisions in light of the Supreme Court's ruling in Dover District Council v CPRE Kent.
Dec 08, 2017

Norton your nelly!

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

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