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Recently published Arden Chambers e-flashes are available below:
| No. | Title | Date | Read |
| 390 | Mrs Lana Wilson (by her litigation friend the Official Solicitor) v London Borough of Harrow [2010] EWHC 1574 (QB) June 28, 2010 The High Court has held that the rule in Hammersmith v Monk - whereby one joint tenant can determine the tenancy of his home and thereby end any other joint tenant’s legal interest in it by serving a notice to quit on the landlord - is not incompatible with Art 8 of Schedule 1 of the Human Rights Act 1998. Andrew Arden QC and Ian Loveland of Arden Chambers appeared for Mrs Wilson. |
06/10 | view e-flash download (pdf) |
| 389 | Austin v Southwark London Borough Council Supreme Court: Lord Hope, Lord Walker, Lady Hale, Lord Brown, Lord Kerr) [2010] UKSC 28 June 23, 2010 The Supreme Court has held that the death of a tolerated trespasser does not deprive the court of its power under s.85(2), Housing Act 1985, to postpone the date of possession under the possession order, thereby reviving the tenancy. Accordingly, the brother of a deceased tolerated trespasser was entitled to apply under CPR 19.8 to be appointed as the deceased’s representative to make an application under s.85(2). |
06/10 | view e-flash download (pdf) |
| 388 | R (Prenga) v Barnet LBC Administrative Court [2010] EWHC 1765 (Admin) June 15, 2010 The Administrative Court decided that the authority had been correct in its assessment that the claimant was over 18 and he was therefore not entitled to support under the Children Act 1989. |
06/10 | view e-flash download (pdf) |
| 387 | The Queen's Speech Parliament May 25, 2010 The coalition government has set out its legislative programme for the current Parliament and its agreed aims over the full term of government. These include a number of significant changes affecting housing and local government |
05/10 | view e-flash download (pdf) |
| 386 | Nessa v Tower Hamlets LBC Court of Appeal: The Chancellor of the High Court, Wilson and Stanley Burnton LJJ [2010] EWCA Civ 559 May 20, 2010 The Court of Appeal has held that a local authority, dealing with a right to buy application, had implied power to serve a revised notice under s125 Housing Act 1985 to correct a clerical mistake; where the tenant had accepted a revised notice, increasing the valuation and purchase price figures, the rights or obligations of either party under the original s125 notice had been discharged by mutual agreement. Andrew Arden QC and Christopher Baker of Arden Chambers acted for the local authority. |
05/10 | view e-flash (html) download (pdf) |
| 385 | Vernon v Spoudeas and Rosenthal Court of Appeal: Ward, Richards, Jackson LJJ Extempore May 6, 2010 The Court of Appeal has decided that a court should not normally refuse an application for relief from sanctions without a hearing and that where an order has been made without a hearing, a party affected is entitled to elect between applying to have it set aside, varied or stayed and appealing against it. David Carter and James Sandham of Arden Chambers represented the appellant. |
05/10 | view e-flash (html) download (pdf) |
| 384 | Birmingham City Council v Clue Court of Appeal: Dyson LJ, Etherton LJ, Sir Scott Baker [2010] EWCA Civ 460 April 29 2010 The Court of Appeal has decided that an authority could not refuse to provide accommodation to a foreign national and her family under s.17 Children Act 1989 on the basis that she could return to her country of origin when her application for indefinite leave to remain in this country was outstanding. |
04/10 | download (pdf) |
| 383 | Thomas-Ashley v Drum Housing Association Ltd Court of Appeal: Sir Andrew Morritt (Chancellor), Thomas LJ, Sir Scott Baker [2010] EWCA Civ 265 March 17 2010 The Court of Appeal has held that a housing association had not discriminated unlawfully against its disabled tenant under Disability and Discrimination Act 1995 by refusing to amend its conditions of tenancy to allow her to keep a dog. |
03/10 | download (pdf) |
| 382 | Nettleton Road Housing Co-operative Ltd v Joseph Court of Appeal: Ward LJ, Patten LJ [2010] EWCA Civ 228 March 16 2010 The Court of Appeal has dismissed an appeal against a possession order made against a tenant of a fully mutual housing association. On the facts of the case, there had been a serious breach of the tenancy and the tenant had been given adequate time to remedy the breach. In those circumstances, it was unnecessary to decide on the validity of any contractual restriction (express or implied) on the association's right to serve notice to quit. |
03/10 | download (pdf) |
| 381 | R (Raw) v Lambeth LBC [2010] EWHC 507 (Admin) The Administrative Court has dismissed a claim for judicial review of an authority's policy in relation to use of a rent deposit scheme for homeless persons because on the facts of the case the claim was academic. |
03/10 | download (pdf) |
| 380 | Teixeira v Lambeth LBC and Secretary of State for the Home Department Harrow LBC v Ibrahim and Secretary of State for the Home Department Cases C-480/08 and C-310/08 Toby Vanhegan of Arden Chambers represented Lambeth LBC. The European Court of Justice has held that an EEA national has an unconditional right to reside in the UK if he is the parent and primary carer of a child in education here, as long as he has worked in the UK. A non-EEA national, who is similarly the primary carer of a child in education, has an unconditional right to reside in the UK if she is married to an EEA national who has worked in the UK. |
03/10 | download (pdf) |
| 379 | Waltham Forest London Borough Council v Coombes March 8 2010 The defendant was represented by Toby Vanhegan of Arden Chambers. The High Court has held that s.3, Protection from Eviction Act 1977, is not incompatible with Arts 6 and 8 of the European Convention on Human Rights. |
03/10 | download (pdf) |
| 378 | Birmingham City Council v Persons Unknown [2010] EWHC Jonathan Manning of Arden Chambers appeared for Birmingham CC. The High Court has granted an injunction under s.222, Local Government Act 1972, to restrain the activity of "car-cruisers" whose identities were unknown to the local authority. |
03/10 | download (pdf) |
| 377 | Henley v Bloom Court of Appeal: Lord Neuberger of Abbotsbury MR, Longmore LJ, Smith LJ [2010] EWCA Civ 202 March 9 2010 The Court of Appeal has held that a claim in damages for disrepair was not an abuse of process even though the claimant could have raised the claim as a part of his defence to an earlier claim for possession. |
03/10 | download (pdf) |
| 376 | James v Birmingham City Council [2010] EWHC 282 (Admin) Victoria Osler of Arden Chambers appeared for Mr James; Jonathan Manning of Arden Chambers appeared for Birmingham CC. The Administrative Court has held that an anti-social behaviour order (ASBO) may be varied under s.1(8), Crime and Disorder Act 1998, to extend its duration by two or more years even though there may have been no further incident of anti-social behaviour during the six months prior to the issue of the complaint seeking the variation. |
03/10 | download (pdf) |
| 375 | Tomlinson and others v Birmingham City Council Supreme Court of the United Kingdom: Lord Hope, Lady Hale, Lord Brown, Lord Collins, Lord Kerr [2010] UKSC 8 February 17 2010 Andrew Arden QC and Christopher Baker of Arden Chambers acted for Birmingham City Council. The UK Supreme Court has held that homelessness reviews under s202 Housing Act 1996 did not engage art 6(1), because the right to accommodation under s193 did not give rise to "civil rights". The county court hearing appeals from such reviews under s204 had accordingly not been required by art 6(1), when determining whether the local authority had discharged their duty pursuant to s193(5) Housing Act 1996, to have a full fact-finding jurisdiction to decide whether the appellants had in fact been informed of the possible consequence of refusal of an offer of accommodation and of the right to request a review. |
02/10 | download (pdf) |
| 374 | Barber v London Borough of Croydon [2010] EWCA Civ 51 The Court of Appeal has quashed a possession order made against a non-secure tenant of a local authority on the basis of a public law defence which had been rejected by the county court. The court indicated that the authority was not prevented from bringing a second action after they had taken appropriate administrative action. Christopher Balogh of Arden Chambers represented the appellant. |
02/10 | download (pdf) |
| 373 | Kalas v Farmer Court of Appeal: Jacob LJ, Lloyd LJ, Stanley Burnton LJ [2010] EWCA Civ 108 January 1 2010 The Court of Appeal has held that on the facts of a case a judge was entitled to find that a landlord did not reasonably believe that a tenant had ceased to reside in the premises and so did not have a defence to a claim in damages for unlawful eviction under Housing Act 1988. |
02/10 | download (pdf) |
| 372 | Green v Secretary of State for Communities & Local Government & others Court of Appeal: Pill LJ, Arden LJ, Smith LJ [2010] EWCA Civ 64 February 2 2010 Iain Colville of Arden Chambers appeared for Mr Green, an objector. The Court of Appeal has held that planning permission may be granted for a development which is more extensive than that applied for. Planning conditions can be used to define and limit the extent of the permission granted. Development beyond that contemplated by the conditions would be a breach of planning control. Where an objector's appeal against a grant of planning permission is successfully resisted by the Secretary of State, it is not appropriate to award costs to the applicant, even if the appeal might have led to him losing his home. |
02/10 | download (pdf) |
| 371 | R (Savage) v Hillingdon London Borough Council [2010] EWHC 88 (Admin) The Administrative Court has quashed an authority's decision that a claimant was not eligible for an authority's rent deposit scheme because their decision had been made solely on the ground that the claimant was intentionally homeless. |
02/10 | download (pdf) |
| 370 | R (McIntyre) v Gentoo Group Ltd [2010] EWHC 5 (Admin) The High Court has held that a decision by a registered social landlord to impose a condition on its consent to a mutual exchange, requiring the tenants pay off rent arrears in respect of a property which was not part of the exchange, was unlawful. Relief was refused, however, because the tenants had an alternative remedy under s.1, Landlord and Tenant Act 1988. |
01/10 | download (pdf) |
| 369 | R (Boyejo) v Barnet London Borough Council R (Smith) v Portsmouth City Council [2009] EWHC 3261 (Admin) The Administrative Court has allowed two claims for judicial review of decisions by local authorities to cease to provide residential warden services in their sheltered housing schemes. |
01/10 | download (pdf) |
| 368 | R (Birmingham City Council) v Birmingham Crown Court R (South Gloucestershire District Council) v Bristol Crown Court [2009] EWHC 3329 (Admin) The Divisional Court has provided guidance on appealing out of time in ASBO proceedings to the Crown Court under Crown Court Rules 1982 (SI 1982/1109). Jonathan Manning of Arden Chambers appeared on behalf of Birmingham City Council. |
12/09 | download (pdf) |
| 367 | R (Technoprint PLC / Snee) v Leeds City Council [2009] EWHC 3220 (QB) Queen's Bench Division, 9 December 2009 Andrew Arden QC and Iain Colville of Arden Chambers appeared for the Leeds City Council. The High Court has held that where their Constitution required a local authority to 'agree' annually their Delegation Scheme, they did not need to agree their Delegation Scheme by express resolution each year but could also agree by conduct or by a combination of resolution and conduct. |
12/09 | download (pdf) |
| 366 | R (on the application of Weaver) v London & Quadrant Housing Trust, Equality & Human Rights Commission intervening - further developments Supreme Court of the United Kingdom, November 19, 2009 Lord Hope, Lady Hale, Lord Brown Andrew Arden Q.C. and Christopher Baker of Arden Chambers acted for LQHT. The UK Supreme Court has issued a new statement of reasons for having decided to refuse permission to appeal in the Weaver case, by way of an order replacing the original issued on November 6, 2009. The new reasons invite a "leap-frog" appeal direct to the Supreme Court (ie under Administration of Justice Act 1969, s13) to be considered in another case where the same issue arises as in Weaver. |
11/09 | download (pdf) |
| 365 | em>Heron v Plymouth City Council Divisional Court, November 12, 2009 The Divisional Court has emphasised that the conditions of an anti-social behaviour order ("ASBO") must be precise and must target specific behaviour. A term in an ASBO which prohibited the defendant from causing harm, alarm or distress to any person was too imprecise and accordingly unenforceable. |
11/09 | download (pdf) |
| 364 | Gardiner v Haringey London Borough Council [2009] EWHC 2699 (Admin) The High Court has held that a local authority were obliged to entertain an application for assistance under Pt 7, Housing Act 1996, because that application was not being made on the same facts as a previous application, which had been determined against the claimant. The information before the authority on the first application showed that provision in Columbia (where the claimant had a house) for dealing with the needs of her autistic daughter was significantly worse than in the UK. The material provided in support of the second application went further, however, and showed that remaining in Columbia would have a profoundly adverse impact on the daughter. |
11/09 | download (pdf) |
| 363 | R (on the application of Weaver) v London & Quadrant Housing Trust, Equality & Human Rights Commission intervening Supreme Court of the United Kingdom, November 5, 2009 Lord Hope, Lady Hale, Lord Brown Andrew Arden Q.C. and Christopher Baker of Arden Chambers acted for LQHT. The UK Supreme Court has decided to refuse to give LQHT permission to appeal in the Weaver case against the majority decision of the Court of Appeal [2009] EWCA Civ 587, 18 June 2009. The Court of Appeal had held that LQHT acted as a public authority for the purposes of the Human Rights Act 1998, s6 when it served a notice of seeking possession; LQHT was accordingly also amenable to judicial review. |
11/09 | download (pdf) |
| 362 | Forcelux Ltd v Binnie [2009] EWCA Civ 854 A first hearing of possession claim under CPR 55.8 is not a trial. Accordingly, if a possession order is made in the defendant's absence, he does not have to apply for the order to be set aside under CPR 39.3. Rather, any application should be under CPR 3.1(2)(m). |
10/09 | download (pdf) |
| 361 | Ali v Birmingham City Council Court of Appeal: Sir Anthony May (President of the Queen's Bench Division), Wall and Moore Bick LJJ [2009] EWCA Civ 1279 October 14 2009 Jonathan Manning of Arden Chambers appeared for Birmingham City Council. The Court of Appeal has held that the requirement in ss.193(5) and (7), Housing Act 1996, for a local authority to inform a homeless applicant of the consequences of refusing an offer of accommodation and of his right to seek a review of the suitability of that accommodation did not entail any additional obligation to ensure that the applicant understood the information provided. Accordingly, the authority were not obliged to translate an offer letter when dealing with a Somalian applicant who spoke little English where the applicant was aware of the availability of translation and interpretation services and had not asked for the letter to be translated. |
10/09 | download (pdf) |
| 360 | Birmingham City Council v Qasim and others Court of Appeal: Sir David Neuberger MR, Sedley LJ, Owen J [2009] EWCA Civ 1080 October 20 2009 Andrew Arden QC and Justin Bates of Arden Chambers appeared for the local authority. The Court of Appeal has held that a failure by a local housing authority properly to apply their allocation scheme will not invalidate any tenancies granted as a result of the unlawful allocation. There is no necessary relationship between an allocation under Part 6, Housing Act 1996, and the grant of a tenancy under Part 2, Housing Act 1985. |
10/09 | download (pdf) |
| 359 | Swindon Borough Council v Redpath Court of Appeal: Rix LJ, Lord Neuberger of Abbotsbury, Carnwath LJ [2009] EWCA Civ 943 September 11 2009 Andrew Arden QC and Andrew Dymond of Arden Chambers appeared for the local authority. The Court of Appeal has held that the court had jurisdiction to grant an anti-social behaviour injunction under s.153A, Housing Act 1996, against a former tenant of a local authority who continued a campaign of harassment against his former neighbours after his eviction, notwithstanding that the main victims of his behaviour were owner- occupiers. |
09/09 |
download (pdf) |
| 358 | De-Winter Heald, Al-Jarah, Ahmad and Kidane v Brent LBC Court of Appeal: Sedley LJ, Stanley Burnton LJ, Sir Simon Tuckey [2009] EWCA Civ 930 July 20 2009 David Carter and Simon Strelitz of Arden Chambers appeared on behalf of Ms De-Winter Heald. The Court of Appeal has held that it is lawful for a local housing authority to contract out a review of a homelessness decision to a third party. |
07/09 | download (pdf) |
| 357 | R. (on the application of Carol Van Boolen) v Barking and Dagenham LBC [2009] EWHC 2196 (Admin) July 31 2009. Jonathan Manning of Arden Chambers appeared on behalf of the authority. The High Court has held that a local authority's policy concerning the reduction in priority of housing applicants with no local connection to the authority's district, did not have to be set out in their allocation scheme in full detail. The scheme referred to the possibility of a reduction in priority and the policy was not a central feature of the scheme. |
07/09 | download (pdf) |
| 356 | Homelessness Code of Guidance for Local Authorities Supplementary Guidance on Intentional Homelessness In the light of the current increase in the number of mortgage repossessions, the Government has issued supplementary guidance to authorities on intentional homelessness. |
08/09 | download (pdf) |
| 355 | Rafferty and Jones v Secretary of State for Communities & Local Government and North Somerset Council Court of Appeal: Sir Anthony Clarke MR, Scott Baker LJ, Smith LJ [2009] EWCA Civ 809 July 29 2009 The Court of Appeal has held that Article 8 is engaged in planning decisions concerning applications by gypsies to change the use of land for the purposes of establishing a permanent site for their caravans, notwithstanding that the caravan is not located on the land at the time of the planning application. |
08/09 | download (pdf) |
| 354 | Manchester City Council v Cleveland Pinnock Court of Appeal: Mummery, Lloyd and Stanley Burnton LJJ. [2009] EWCA Civ 852. July 31 2009 Andrew Arden QC and Jonathan Manning appeared for Manchester City Council The Court of Appeal has held that, where possession proceedings are brought in respect of a demoted tenancy, the county court has no jurisdiction to entertain public law defences, but may only adjourn the proceedings for the defendant to seek permission to apply for judicial review. On judicial review, the court should assess the legality of the decision to evict by reference to conventional domestic public law principles, not by reference to the doctrine of proportionality. |
07/09 | download (pdf) |
| 353 | Elvington Park Ltd & Elvington Events Ltd v York City Council [2009] EWHC 1805 (Admin) The High Court has emphasised that in noise nuisance cases, it is not necessary for an authority to specify in an abatement notice works or other steps required to abate the nuisance. The notice may simply require the person served to abate the nuisance. If the abatement notice does require action to be taken, however, that action must be specified in the notice. | 07/09 | download (pdf) |
| 352 | Stokes v Brent LBC [2009] EWHC 1426 The High Court has upheld a county court decision that a traveller had no seriously arguable defence on public law grounds to a claim for possession brought by a local authority. In the circumstances of the case, none of the factors relied on by the defendant could amount to a defence. | 07/09 | download (pdf) |
| 351 | Circle 33 Housing Trust v Kathirkmanathan Court of Appeal: Ward and Jacob L.JJ. 2009] EWCA Civ 921 July 16, 2009 A tenant who gave an undertaking not to encourage others to commit a nuisance in his property was not in breach of that undertaking if he merely allowed or permitted others to commit a noise nuisance. |
07/09 | download (pdf) |
| 350 | Birmingham City Council v Ali and others; Moran v Manchester City Council Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury [2009] UKHL 36 July 1 2009 The House of Lords has held that the question whether it is reasonable for a person to "continue to occupy" accommodation for the purposes of s.175(3), Housing Act 1996, requires consideration of the future position of the applicant as well as the current situation. In Ali, it was held that an authority is not necessarily in breach of their duty under s.193(2), 1996 Act, if they leave an applicant in his current accommodation, notwithstanding that they have already decided that it is not reasonable for him to continue to occupy that accommodation. In Moran, it was held that it was not reasonable for the applicant to continue to occupy accommodation in a women's refuge. |
07/09 | download (pdf) |
| 349 | London District Properties Management Limited v Goolamy [2009] EWHC 1367 (Admin) The High Court has held that where a fixed term assured tenancy includes a rent increase clause, that clause does not become a term of the statutory periodic tenancy that arises on expiry of the fixed term. Accordingly, the landlord can increase a statutory periodic tenant's rent by service of a notice under s.13, Housing Act 1988. | 06/09 | download (pdf) |
| 348 | Ryan v Islington London Borough Council [2009] EWCA Civ 578 The Court of Appeal has held that a secure tenant who was exercising her right to buy under Pt 5, Housing Act 1985, could not insist on works to remedy subsidence affecting her flat being carried out before completion of the purchase. | 06/09 | download (pdf) |
| 347 | R (Weaver) v London & Quadrant Housing Trust Court of Appeal: Rix LJ, Lord Collins of Mapesbury, Elias LJ [2009] EWCA Civ 587 June 6 2009 Andrew Arden QC and Christopher Baker of Arden Chambers appeared on behalf of London & Quadrant Housing Trust. The Court of Appeal has held, by a majority, that a registered social landlord had acted as a public authority for the purposes of s.6 Human Rights Act 1998, and was accordingly amenable to judicial review, when serving a notice of seeking possession on a tenant. |
06/09 | download (pdf) |
| 346 | Hanoman v Southwark LBC [2009] UKHL 29 The House of Lords has held that where a secure tenant who is exercising his right to buy serves an operative notice of delay under s.153B, Housing Act 1985, subsequent payments of housing benefit may be deducted from the purchase price as if they were payments of rent made by the tenant himself. | 06/09 | download (pdf) |
| 345 | Freeman v Islington LBC [2009] EWCA Civ 536 Christopher Baker of Arden Chambers appeared on behalf of the authority. The Court of Appeal has held that, on a proper interpretation of s87 Housing Act 1985, the daughter of a terminally-ill secure tenant had not "resided with" him for the requisite period despite living with him 7 days a week in order to provide care, because it was necessary for there to be something which could fairly be described as homemaking, and she was accordingly not entitled to succeed to the tenancy. | 06/09 | download (pdf) |
| 344 | R (on the application of G) (FC) v Southwark London Borough Council [2009] UKHL 26 Where a child is in need and requires accommodation under s.20, Children Act 1989, the authority must arrange for him to have accommodation under that section and cannot instead choose to arrange for him to be accommodated under the provisions of Pt 7, Housing Act 1996. | 05/09 | download (pdf) |
| 343 | ABOLITION OF TOLERATED TRESPASS Housing and Regeneration Act 2008 (Commencement No.5) Order 2009 (SI 2009/1261) Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009 (SI 2009/1262) The provisions of the Housing and Regeneration Act 2008 relating to tolerated trespassers have been brought into force today (May 20, 2009). |
05/09 | download (pdf) |
| 342 | R (Breckland DC) v The Boundary Committee; R (East Devon DC) v Boundary Committee for England Court of Appeal, Sir Anthony May, Dyson and Richards LJJ [2009] EWCA civ 239 Andrew Arden QC and Jonathan Manning appeared for East Devon DC. The Court of Appeal has decided that the Boundary Committee misdirected itself in law, and failed in its duty of public consultation, in conducting a process under Pt 1 of the Local Government and Public Involvement in Health Act 2007, in response to a request by the Secretary of State for advice whether to implement unitary local government in Norfolk and Devon. There had been no delay by the authorities in claiming judicial review; nor were the challenges premature. |
03/09 | download (pdf) |
| 341 | Bracknell Forest BC v Green [2009] EWCA Civ 238 March 20, 2009, Court of Appeal David Carter and Toby Vanhegan appeared on for Bracknell Forest Borough Council. The Court of Appeal has held that the suitability of alternative accommodation offered to a secure tenant against whom a landlord is claiming possession on ground 16 of Sch.2 to the Housing Act 1985 is relevant to whether it is reasonable to make a possession order. |
03/09 | download (pdf) |
| 340 | R (Ahmad) v Newham LBC [2009] UKHL 14, 4 March 2009 Andrew Arden QC and Christopher Baker of Arden Chambers appeared on behalf of the authority. The House of Lords has held that a local authority's housing allocation scheme was not unlawful in the manner in which it afforded priority according to the relative gravity of applicants' needs or in the priority given to transfer applicants. |
03/09 | download (pdf) |
| 339 | Mitchell v Glasgow City Council [2009] UKHL 11 The House of Lords has held where a local authority landlord intends to take action against a tenant who has perpetrated acts of anti-social behaviour against his neighbour, the authority do not owe a duty of care to the neighbour to warn him about the action that they are about to take. |
02/09 | download (pdf) |
| 338 | Ugiagbe v Southwark LBC [2009] EWCA Civ 31 The Court of Appeal has reiterated that a homeless person who foolishly or imprudently fails to follow advice may still be acting in good faith within the meaning of s.191(2), Housing Act 1996, with the consequence that he is not intentionally homeless if he consequently gives up accommodation. |
02/09 | download (pdf) |
| 337 | Holmes-Moorhouse v Richmond-upon-Thames LBC [2009] UKHL 7 Lords Hoffmann, Scott of Foscote, Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Neuberger of Abbotsbury Andrew Arden QC of Arden Chambers led for the authority. Whether the child of a homeless applicant can reasonably be expected to reside with him for the purposes of establishing priority need under Pt 7, Housing Act 1996, is a matter for the local authority to determine and cannot be dictated by the terms of any shared residence order made by a family court. |
02/09 | download (pdf) |
| 336 | R (Hassan) v Croydon LBC Administrative Court. January 13, 2008 Emily Orme of Arden Chambers appeared for the Claimant. The Administrative Court has held that when a local authority are considering whether to exercise their discretion under s.188(3), Housing Act 1996, to continue to secure interim accommodation for a homeless applicant pending a review, they are not required to take into account the fact that they would owe the applicant's children a duty under s.20, Children Act 1989, if interim accommodation were not secured. |
01/09 | download (pdf) |
| 335 | R (East Devon DC) v the Electoral Commission, Boundary Committee for England Cranston J. [2009] EWHC 4 (Admin) Andrew Arden QC and Jonathan Manning of Arden Chambers appeared for the Claimant. The Administrative Court has decided that the Boundary Committee misdirected itself in law in conducting a process under Pt 1 of the Local Government and Public Involvement in Health Act 2007, in response to a request by the Secretary of State for advice whether to implement unitary local government in Devon. The claim was, however, held to be premature and, in any event, relief would be refused in the exercise of the court's discretion as the process had incurred considerable time, effort and expense. The court dismissed two other grounds for challenge. |
01/09 | download (pdf) |
| 334 | Brent LBC v Muse [2008] EWCA Civ 1447 December 19, 2008, Court of Appeal The Court of Appeal has held that, where a local housing authority secures temporary accommodation for a homeless applicant pursuant to s.193(2), Housing Act 1996, and that accommodation becomes unsuitable by virtue of the applicant's change of circumstances, s.193(5) operates to bring to an end the authority's duty if the applicant refuses an offer of suitable alternative accommodation. |
12/08 | download (pdf) |
| 333 | Banks v Kingston-upon-Thames Royal London Borough Council [2008] EWCA Civ 1443, Court of Appeal, 17 December 2008 The Court of Appeal has held that a decision made pursuant to s.184, Housing Act 1996, that a local housing authority do not owe a person a homelessness duty is "deficient" for the purposes of reg.8(2), The Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (S.I. 1999/71), if it does not address an issue which the reviewing officer relied on to uphold the decision that no duty was owed. |
12/08 | download (pdf) |
| 332 | Earl Cadogan v Pitts and Wang Earl Cadogan v Sportelli Earl Cadogan v 27/29 Sloane Gardens Ltd Earl Cadogan v Grandeden Management Ltd Earl Cadogan v Atlantic Telecasters Ltd [2008] UKHL 71 The House of Lords has held that "hope value" is not to be included in the purchase price for the freehold of a house under the Leasehold Reform Act 1967. Likewise, hope value is not to be included in the premium for a new lease granted under the Leasehold Reform, Housing and Urban Development Act 1993. In an application for collective enfranchisement under the 1993 Act, however, hope value attributable to non-participating tenants can be taken into account in the purchase price for the freehold. |
12/08 | download (pdf) |
| 331 | Knowsley Housing Trust v White Porter v Shepherds Bush Housing Association Honeygan-Green v Islington LBC House of Lords, 10 December 2008 Andrew Arden QC and Iain Colville apppeared for Islington LBC; Christopher Baker represented the Secretary of State for Communities and Local Government (intervening in Knowsley HT and Porter). The House of Lords has held that: (a) the case law on "tolerated trespassers" did not apply to an assured tenant, because the tenancy was not terminated by a possession order until the moment of eviction or delivery up of possession, (b) a secure tenant was entitled to apply to the court to revive the tenancy, having paid off all the arrears due and thus rendered a suspended possession order unenforceable by the landlord, despite having previously failed to comply with the terms of the order, and (c) a secure tenant was entitled to continue to exercise a right to buy claim despite the intervening termination and later revival of the tenancy. |
12/08 | download (pdf) |
| 330 | Grosvenor Estates Limited v Prospect Estates Limited [2008] EWCA Civ 1281 The Court of Appeal held that for the purposes of s.2(1), Leasehold Reform Act 1967, a building which was originally built as and still resembled a house but was let predominantly for use as office accommodation was not a house "reasonably so called" with the consequence that the tenant could not acquire the freehold. |
11/08 | download (pdf) |
| 329 | Wandsworth London Borough Council v Whibley [2008] EWCA Civ 1259 November 14, 2008. Where an authority apply for a date for possession to be fixed after a postponed possession order has been made but the tenant disputes the allegations made against him, the court should hold a hearing to determine whether the terms of the possession order have been breached. |
11/08 | download (pdf) |
| 328 | Webb v Wandsworth LBC Court of Appeal November 12, 2008. The Court of Appeal has allowed an appeal against a postponed possession order made against a secure tenant, which order had been based on the anti-social behaviour of the tenant's son. In exercising her discretion, the judge had wrongly taken into account three prosecutions brought against the son for breach of an ASBO, despite the fact that all three prosecutions had been unsuccessful. |
11/08 | download (pdf) |
| 327 | R (on the application of B) v Greenwich Magistrates' Court & Metropolitan Police Service November 10, 2008, Divisional Court The High Court has held that a term in an ASBO prohibiting a person from wearing hooded tops was necessary and proportionate where the purpose of that term was to prevent the defendant from causing fear. |
11/08 | download (pdf) |
| 326 | Mich-Onyibe v Wandsworth LBC 4 November 2008 Iain Colville of Arden Chambers appeared for Ms Mich-Onyibe. The Court of Appeal has quashed a judge's decision to dismiss an appeal under s.204, Housing Act 1996, because the judge failed to give a fully reasoned decision explaining how he dealt with the appellant's grounds of appeal. The Court of Appeal declined to hear the s.204 appeal themselves and remitted it to the county court for rehearing. |
11/08 | download (pdf) |
| 325 | Birmingham City Council v Shafi & Ellis [2008] EWCA Civ 1186 Jonathan Manning and Justin Bates of Arden Chambers appeared for Birmingham City Council. A local authority that wishes to suppress anti-social behaviour within their area must apply for an ASBO whenever possible. It would be wrong in principle for a court to grant an injunction under s.222, Local Government Act 1972, where the subject matter of the complaint or the terms sought could be dealt with by an ASBO. There may be exceptional cases where s.222 injunctions are appropriate but, in those cases, the court should apply a criminal standard of proof. |
10/08 | download (pdf) |
| 324 | Truro Diocesan Board of Finance v Foley Court of Appeal, May and Moore-Bick L.JJ. and Sir John Chadwick 22 October 2008 The Court of Appeal has held that - for the purposes of s.34(1)(b), Housing Act 1988 - "a tenancy" does not include "an agreement for a tenancy"; accordingly, an agreement to grant a Rent Act tenant an assured shorthold tenancy, following the surrender of his protected tenancy and vacation of the property for a 24 hour period, was not caught by the transitional protection afforded by s.34(1)(b). The agreement to grant an assured shorthold tenancy did not take effect as an immediate grant, in accordance with the parties' intention - rather, it was an agreement for a tenancy to be granted in the future. Nor does s.34(1)(b), interpreted in accordance with the natural meaning of the words used, give rise to an infringement of the tenant's rights under Article 8 of the Convention. |
10/08 | download (pdf) |
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