Housing Law Bulletin - Issue 215 - 3 May 2011

Tuesday 3 May 2011

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The Latest Housing Law News

Updating Housing Information: in April 2011 the House of Commons Library produced five really useful briefing notes on Housing issues. They are:
- Entitlement to social housing: persons from abroad (non-EEA). For a copy, click here.
- Homelessness households in temporary accommodation (England). For a copy, click here.
- Homelessness in England. For a copy, click here.
- Rough Sleeping. For a copy, click here.
- EU migrants: entitlement to housing assistance (England). For a copy, click here.

Housing Benefit changes: in April 2011 the Race Equality Foundation published Housing benefit and welfare reform: Impact of the proposed changes on black and minority ethnic communities. The paper considers the impact on black and minority ethnic communities of the package of measures to reduce the cost of Housing Benefit. For a copy, click here.

The Latest Housing Case Law

Redcard Limited v Roger Williams [2011] EWCA Civ 466
20 April 2010

The company was the freeholder of a block of flats let out on long leases. The individual leaseholders were the directors of the company. The company agreed to sell the block to the defendants and the leaseholders agreed to sell their leases to the defendants. The transaction was recorded in a document signed by the leaseholders. The defendants claimed that the document was invalid because it had not been signed by or on behalf of the company. The Court of Appeal decided that the document was valid. In all the circumstances, those leaseholders who were directors and authorised signatories could be taken to have signed on their own behalf and for the company. For a copy of the judgment, click here.

Brighton & Hove CC v Alleyn & Others [2011] EW Misc 6 (CC)
5 April 2011

The defendants were travellers who had established an unauthorised encampment on council land used for public recreation. After tolerating the encampment for several months, the council sought possession. The defendants argued that (1) the decision to evict them had been taken unlawfully on public law grounds and (2) an eviction would not be 'proportionate' for the purposes of Article 8. The court granted a forthwith possession order. It held that there was no substance in the public law challenge and that, having regard to the particular factual circumstances, although Article 8 was engaged, the making of a possession order would not be disproportionate. For a copy of the judgment, click here.

Housing Law Articles

Recent Developments in Housing Law
N. Madge and J. Luba
[2011] May Legal Action p33

Pinnock in practice
A. Lane and D. Skinner
[2011] Local Government Lawyer 20 April.
To read the article, click here.

Court system puts ASB victims' lives at risk
K. Cooper
[2011] 28 April Inside Housing p5
To read the article, click here.

Housing Law Events

May 2011

6 May 2011
Homelessness & Lettings Conference 2011
A Lime Legal Conference in London
For the details, click here.

6 May 2011
Housing Disrepair
A LAG training day in London
For the details, click here.

11 May 2011
Defending possession proceedings
A LAG training day in London
For the details, click here.

12 May 2011
Update on Anti-Social Behaviour Claims: Are they Winnable?
A Garden Court Chambers seminar 18:30 to 20:00
For the details, click here.

18 May 2011
Possession and Housing Benefit
An HLPA meeting in London
For the details, click here.

19 May 2011
Social Housing Law & Practice 2011
A Lime Legal Conference in London
For the details, click here.

June 2011

23 June 2011
Housing and Anti Social Behaviour 2011
A Jordans Publishing Conference in London
For the details, click here.

29 June 2011
Housing: the Legal Update 2011
A Northern Housing Consortium Conference in York
For the details, click here.

Housing Law Books

Defending Possession Proceedings
The new (seventh) edition of Defending Possession Proceedings by Jan Luba QC, John Gallagher, Derek McConnell and Nic Madge - which runs to over 1000 pages - has been published. Price: £55.00. For full details, click here.
To read an independent review, click here.
To watch an independent review, click here.
To access the free downloadable update to several chapters of the current edition of the book to take account of recent cases such as Pinnock and Powell., click here.

Housing Allocation and Homelessness
The new (second) edition of Housing Allocation and Homelessness: Law and Practice by Jan Luba QC and Liz Davies has been published. Price: £50.00.
For full details, click here.
To read a review by Robert Latham, click here.
To read another independent review, click here.

Repairs: tenants' rights
The new (fourth) edition of Repairs: tenants' rights by Jan Luba QC, Deirdre Forster and Beatrice Prevatt has been published. Price: £45.00. For full details, click here.
To watch an independent review, click here.
To read an independent review, click here.

Housing Law Handbook - 10% off
The Housing Law Handbook, edited by Stephen Cottle and written by other members of the Garden Court Housing Team, covers possession proceedings, homelessness rights, the allocation of social housing, and other routes into housing. To claim your 10% discount, order online and quote promotion code GCTHLH when prompted.
To read an independent review, click here.

 

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