Issue 2 - 23 January 2006

Monday 23 January 2006

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Government & Parliament

Specialist Support with Housing Cases: on 19 January 2006 the Legal Services Commission gave 6 months notice of withdrawal of funding for the Specialist Support contracts in Housing Law. Until then free housing law advice remains available to:

· Those holding a LSC General Civil Contract

· Those holding a Specialist Quality Mark

· Those holding a Quality Mark for General Help with Casework

· Those holding a LSC General Criminal Contract doing Mental Health or Public Law work.

Advice is available from:

Shelter (0207 505 4688) Mon-Fri 9-5pm

Garden Court Chambers (0207 993 7666) Tue/Wed/Thu 2-5pm

One Pump Court (0207 842 7027) Mon-Fri 2-5pm

Fire Safety Measures deferred: on 12 January 2006 the Government announced that implementation of the Regulatory Reform (Fire Safety) Order 2005, which had been due on 1 April 2006, was being put back to a date to be announced later: Click Here for more information.

Looming Deadlines (less than 7 days left)

Tenancy Deposit Protection: Consultation on Secondary Legislation : Consultation period expires on 1 February 2006

Enabling local authorities to contract their Anti-Social Behaviour Order functions to organisations managing their housing stock: Consultation period expires on 1 February 2006.

[Click on titles for links to the documents]

Latest Court Cases

Court of Appeal:

( Click Here to download Transcripts for free)

Jones v Richmond Upon Thames LBC [2005] EWCA Civ 1715. 15 December 2005. Homelessness. Initial decision = no priority need. Review decision = full duty owed but no local connection. County court appeal dismissed. No breach of Reg 8(2). Permission for second appeal refused.

Bubb v Wandsworth LBC [2005] EWCA Civ 1975. 16 December 2005. Memory loss, tendency to get lost. Initial and review decisions = no priority need. County court appeal dismissed. Permission for second appeal refused.

High Court:

(Click Here to download Transcripts for free)

Donohoe v Ingram [2006] All ER (D) 132 (Jan). 20 January 2006. Joint owners of family home. One bankrupt. Trustee in bankruptcy applies for sale. Other owner seeks deferral until children grown up. Sale directed. Appeal dismissed. Circumstances not "exceptional." Art 8 not infringed.

Flintshire CC v Reynolds [2006] All ER (D) 130 (Jan). 20 January 2006. [CO/7814/2005]. Claimant recklessly signed a benefit claim form (completed by her husband) without checking its content. Prosecution for making a "false" statement dismissed. Appeal by authority dismissed.

Ong v Hoa [2006] All ER (D) 116 (Jan). 19 January 2006. Family home. Owner obtains possession order against daughter-in-law in occupation. Her children apply for stay on grounds they may have beneficial interest in the home. Stay refused.

Periera v Periera [2006] All ER (D) 91 (Jan). 17 January 2006. Family home. Transfer of ownership from mother to son. Mother alcohol dependent. Son suffering schizophrenia. No independent advice. Set aside on grounds of undue influence.

Recent Articles

Counting the Cost: [2006] ROOF Jan/Feb 35 (on squatters rights)

Fair & Lawful: [2006] ROOF Jan/Feb 36 (on use of rent arrears possession with HB pending)

Click Here for further info

Free Housing Law Seminars

29 March 2006 Gypsy Law Update

26 April 2006 Tolerated Trespassers and Restoring Tenancies

24 May 2006 Housing Allocations

Click Here for further seminar information and how to book.

LSC Housing Law Seminars

8 February 2006 Liverpool

9 February 2006 Manchester

1 March 2006 Exeter

7 March 2006 London

Click here to download the full LSC training programme

Other Dates for the Housing Lawyer's Diary

28 February 2006: Public Sector Housing Law Conference.

Click here for further info

24 March 2006: Social Housing Law & Practice

Click here for further info

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