Issue 58 - 14th May 2007

Monday 14 May 2007

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Government & Legislation: Last week

How should policies on provision of Housing be adapted to the needs of an ageing population? Answers to that question are invited by National Strategy for Housing in an Ageing Society - a pre-strategy document published by the Government on 8 May 2007. The consultation closes on 11 June 2007. For a copy of the paper click here

On 9 May 2007 the Government published Planning Policy Statement 3: Housing - Equality Impact Assessment. Planning Policy Statement 3: Housing sets out the Government's national planning for housing policy. From 1 April 2007 local planning authorities have had to have regard to that policy when making decisions on planning applications for housing developments. This new report indicates how all those involved in the process can secure equality of treatment for groups in housing need. Click here for a copy

On 11 May 2007 the Government issued statutory guidance to local authorities on the contracting-out of ASBO functions to ALMOs, tenancy management organisations and private finance initiative consortia. For a copy of the guidance click here

Also on 11 May 2007 the Courts Service indicated that, in the light of the recent judgment in Knowsley Housing Trust v White, it would be taking the necessary steps to amend procedures to enable form N28A and the "date fixing" arrangements in CPR PD 55 to apply to possession orders made against assured tenants. This will occur at "the earliest opportunity".

Last week's Cases

Zalewska v Dept for Social Development, 9 May 2007. The claimant was a Polish national who had worked in the UK prior to becoming homeless as a result of domestic violence and making her claim for income support. A local tribunal held that the refusal of income support for failure to meet the "habitual residence test" was in unlawful contravention of EU laws on free movement of workers. A Social Security Commissioner allowed an appeal against the tribunal's ruling and her decision was upheld by the Court of Appeal (Northern Ireland). It decided that the UK had lawfully derogated from the relevant provisions of EU law, in respect of A8 nationals.
For the transcript click here

Skeete v Pick [2007] All ER (D) 192 (May), 11 May ChD. One of two joint owners of a residential property was made bankrupt. The trustee in bankruptcy sought and obtained a possession order, an order for sale, and a declaration as to the respective shares of the proceeds of sale that matched a trust deed that the bankrupt and the co-owner had made. The bankrupt tried to appeal the orders. The High Court ruled that the bankrupt could not appeal. The subject of the appeal - the property - had vested in the trustee who enjoyed the exclusive right to conduct litigation relating to it.

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This week

15 May 2007: "Eligibility" issues In Housing (repeat) Garden Court Chambers Seminar (from 18:30 to 20:00) Click Here to book a place

16 May 2007: Introduction to Housing Law. A Legal Action Group Training course. For details click here

16 May 2007: Defending possession cases. A HLPA members meeting. London. For details click here

Coming Events

30 May 2007: Mortgage Arrears and Undue Influence. A HLPA Intermediate Training Seminar. For details click here

7 June 2007: Housing Allocation and Homelessness. Two half-day London seminars from Jordans. For details click here

14 June 2007: Private Law Possession Proceedings and Public Law Defences: How do they work? (repeat). Garden Court Chambers evening seminar. Click Here to book a place

21 June 2007: Eligibility for Social Welfare Assistance (repeat) Garden Court Chambers evening seminar. Click Here to book a place

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