Issue 5 - 13th February 2006

Monday 13 February 2006

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Government & Parliament

Speaking to a NACRO conference on 9 February 2006 the Housing Minister (Baroness Andrews) said: "ODPM is working with the Home Office to ensure that the revised homelessness code of guidance to local authorities makes clear - first, the role of local authorities in working to prevent homelessness among returning prisoners, and, second that there can be no automatic presumption that ex-offenders made themselves intentionally homeless by committing their offences. We expect that publication will take place later this spring." Click here for further info.

Consultation papers

The Government has issued a consultation paper on the meaning of 'gypsies and travellers' as used in Housing Act 2004. The consultation closes on 28 April 2006. Copies of the paper are available at: Click here for further info.

Latest court cases

Court of Appeal:

Canty v Boyden [2006] All ER (D) 96 (Feb). 8 February 2006. Homeowners bankrupted. Trustee in bankruptcy obtains possession order and county court order for sale. Appeal to High Court adjourned on directions and undertakings. On bankrupt?s failure to comply, appeal restored and dismissed. Further appeal to Court of Appeal dismissed.

Admin court:

R(Slaiman) v Richmond Upon Thames RLBC [2006] All ER (D) 132 (Feb). 9 February 2006. Late request for HA 1996 s202 review by homeless person. JR of refusal to extend time dismissed. Council not obliged to focus on likelihood of success in the review. Primary consideration was reason for delay.

R(Chelfat) v Tower Hamlets LBC [2006] All ER (D) 139 (Feb), 10 February 2006. Introductory tenant (T). Council's notice of intent to seek possession met with request for review sent (in error) to housing benefit department. No review under HA 1996 s129 conducted, proceedings issued, order made. By consent, warrant stayed to permit review to be carried out. Claim for JR of continuance of possession claim dismissed. T's consent to late review made it inappropriate to admit later contention that proceedings were a nullity for earlier failure to complete review in time.

Recent articles

On your best behaviour in court [2006] 103 Law Soc Gaz 37 (9 February 2006 issue) on practice in anti-social behaviour injunction applications

News and Case Reports [2006] Housing Law Update Issue 11 (December 2005/January 2006) 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 info.

Other dates for the housing lawyer's diary

28 February 2006: Public Sector Housing Law Conf. Click here for futher info.

1 March 2006: Housing Disrepair. LAG training. Click here for further info.

15 March 2006: Human Rights & Housing. HLPA meeting London: Click here for further info.

24 March 2006:Social Housing Law & Practice Conference and,

29March 2006: Homelessness and lettings Law & Practice. Click here for further info.

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