Issue 23 - 3rd July

Monday 3 July 2006

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New "suspended" possession order now in force. The 42nd set of CPR amendments includes (from today) the new provisions designed to prevent the creation of more tolerated trespassers. PD55 is amended to provide a procedure for - and formalise the making of - "postponed possession orders" along the lines suggested by the Court of Appeal in its recent judgment in Hassan. There is a new order - the N28A. The other changes include the new Rent arrears Pre-Action protocol (in force from 2 October 2006).
Click here for the details:

Government & Legislation

There is only one week left to deliver responses to the Law Commission's issues paper on Housing Dispute Resolution. Click Here to download a copy of the paper
Deadline for responses: 11 July 2006

On 28 June 2006 the Home Loss Payments (Prescribed Amounts)(England) Regulations were laid before Parliament. They will increase home loss compensation for tenants displaced after 1 September 2006 to a maximum of £4000 (the maximum for owner-occupiers goes up to £40,000). Click here for the regulations.

On 28 June 2006 the ODPM announced new Performance Indicators and Performance Standards for new-build housing. They will provide a new quantitative means for building control bodies to assess areas that meet expectations and those that require improvement. Click here for the Standards Document:

Cases

Secretary of State for Work & Pensions v Wilson [2006] EWCA Civ 882, 29 June. Mr Wilson, who was receiving Income Support, claimed Housing Benefit for himself and his wife. Because she had no National Insurance number, Lincoln Council refused the claim. An appeal was allowed by a tribunal and upheld by a Social Security Commissioner. The Court of Appeal allowed an appeal by the Secretary of State.
Click here for the full judgment

R (Bontemps and Couronne) v Crawley BC [2006] EWHC (Admin) 1514 [2006] All ER (D) 369 (Jun), 30 June Admin Crt. The claimants came to the UK from Mauritius to find work and housing. They were the sons and daughters of displaced occupiers of the Chagos Islands and had the right of abode in the UK. Their homelessness applications led to decisions that they were not eligible because they were not 'habitually resident'. Jobseekers allowance was refused for the same reason. The High Court dismissed claims for judicial review of those decisions. There had not been discrimination contrary to the Race Relations Act 1976, the EU Race Directive or the ECHR art 8 or 14. Nor was the Government under a positive duty to provide a special exception from the habitual residence test for displaced islanders or their descendants.

This Week

Tuesday 4 July 2006 - Housing Law: The Legal Update in York.
Click here for more details

Tuesday 4 July 2006 (evening) - Housing & Human Rights. Advanced HLPA seminar
Click here for more details

Wednesday 5 July 2006 - Tenancy agreements: CIH London.
Click here for more details

Wednesday 5 July 2006 (seminar reminder) Recent Developments in Disrepair.
Garden Court Chambers Seminar 6.30-830pm. Email: seminars@gclaw.co.uk or
Click here for more details

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