Issue 16 - 15th May 2006

Monday 15 May 2006

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Government and legislation

On 10 May 2006 the Government began consulting (until 2 August 2006) on proposed changes to the maximum rate of commission that park owners can charge on the sale of a home. To view the consultation paper Click Here

Cases

Lee-Lawrence v Penwith DC [2006] 9 May, CA [2006] All ER(D) 115(May). It is only possible to become intentionally homeless by ceasing to occupy premises: s191 HA 1996. PenwithDC rejected the applicant's claim that he had never occupied premises let to him by a housing association. The county court judge dismissed his appeal and the Court of Appeal dismissed a second appeal. The council's conclusion could be sustained on the material before it and was not perverse,

Knowsley HT v McMullen [2006] 9 May, CA [2006] EWCA Civ 539. A judge made a possession order against an assured tenant, suspended on terms that neither she nor her teenage son cause a nuisance. The tenant appealed, contending that the terms were unfair as (given her disability) she could not control her son nor exclude him (because he was her carer). She suggested that the judge should either (a) have refused to make an order - as an ASBO had been made regulating her son's behaviour and he was on curfew licence conditions or (b) have suspended it on terms relating solely to her own conduct or (c) have imposed a requirement of permission before issue of a warrant. The Court of Appeal rejected the first two contentions but upheld the third. To view the Transcript Click Here

R(Lin) v Barnet LBC [2006] 11th May, EWHC 1041 (Admin) Barnet LBC had adopted a points-driven choice based letting scheme. Properties were advertised and then let to the bidder with the highest points. The claimant had been owed the full homelessness duty for several years but had not even reached the minimum threshold for points likely to result in a successful bid. In judicial review proceedings, the judge rejected a number of grounds of challenge to the council's scheme but granted a declaration that it was unlawful in so far as it automatically accorded all transfer applicants 100 additional points (including some applicants not entitled to a reasonable preference under HA 1996 s167(2)) as that had the effect of artificially raising the points threshold to the detriment of those, such as the claimant, entitled to a preference. To view the Transcript Click Here

Garden Court Chambers Seminars

24 May 2006 - Housing Allocations
05 July 2006 - Recent Developments in Disrepair
Click Here for more info and to book a place

This Week

16 May 2006 - Housing Law: The Update CIH training:
For more info Click Here

17 May 2006 - Possession Prevention Project Conference Southwark Law Centre
For more info: phone 0207 732 2008

17 May 2006 - Homelessness HLPA Members Meeting
Click Here for more info

 

Other notable dates

24 May 2006 - Housing Law: Practical Introduction
14 June 2006 - Defending Possession Proceedings
Both from LAG training: for more info Click Here

25 May 2006 Housing Allocations & Homelessness Jordans training:
For more info Click Here

 

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