Issue 19 - 5th June 06

Monday 5 June 2006

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Government & Legislation

Several Bills relating to Housing issues are presently before Parliament...

Today (5 June 2006) the Police and Justice Bill has its second reading in the House of Lords. It is published as HL Bill 104 for 2005-06 Click Here to read more. It contains the Housing elements of the Government's "Respect Agenda" on anti-social behaviour. On 2 June 2006 the Joint Select Committee on Human Rights gave the provisions an "all clear": 20th Report of Session 2005-2006 available by Clicking Here

On 12 May 2006 the Housing Corporation (Delegation) Etc Bill was brought from the Commons and had its Lords first reading. It is published as HL Bill 105 for 2005-06 and available by Clicking Here

On 25 May 2006 it was ordered that the Housing Act 2004 (Amendment) Bill be read a second time on 20 October 2006. The Bill, published as HC Bill 167 for 2005-06, is a private member's bill aimed at repealing the Home Information Pack provisions of the Housing Act 2004. For more info Click Here

TheCaravan Sites (Caravan Sites and Related Clauses) Bill 2006 is a ten-minute rule bill designed to extend security of tenure to occupiers of gypsy caravan sites. It will have a first reading on 4 July 2006.

Also awaiting consideration of both Houses is the draft Mobile Homes Act 1983 (Amendment of Schedule 1)(England) Order. If the Order is approved it will come into force in October 2006 and extend the rights of occupiers of mobile homes on park home sites. For more info Click Here

Cases

The Supreme Court has been on "Spring Vacation" for the last week but the transcript of the following case has just been released.

Aw-Aden v Birmingham CC [2005] EWCA Civ 1834, CA. The claimant came to the UK to seek employment but could not get work. The council found him intentionally homeless for leaving his home overseas. On appeal, he said that he had acted in good faith and in ignorance of the true job situation in Birmingham. Both the county court and the Court of Appeal dismissed his appeal. A misunderstanding about job opportunities could only constitute "ignorance of a relevant fact" for the purposes of Housing Act 1996 section 191(1) if it was a specific job prospect not a mere hope of getting work. Brooke LJ's judgment contains helpful statements about the need to supply applicant's advisers with a copy of the council file so that they can make informed representations on homelessness reviews.
Click Here to read the full judgment

 

Coming Events

12 June 2006 - 'What future for Housing solicitors in the LSC's strategy 2006-2011' a public meeting in London.

For further details you can download a pdf of the public meeting flyer here:

public meeting advert

14 June 2006 - Defending Possession Proceedings from LAG training
For more info Click Here

4 July 2006 - Housing Law: The Legal Update in York.
For more details Click Here

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