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Issue 68 - 9th September 2007

Monday 10 September 2007

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Caselaw Catch-Up

The last three weeks of July 2007 saw a burst of important decisions in Housing cases. Readers may be tempted by the following short summaries of cases, not previously noted in this Bulletin, to take a look at the full judgments:

Possession and Disability Discrimination. Court of Appeal decides that DDA can provide an answer to a possession claim even when pursued on mandatory grounds: Lewisham LBC v Malcolm [2007] EWCA Civ 763. For the full judgment click here.

Private Sector Protection. Rent Act tenant moves to different room in same building. Court of Appeal decides her tenancy remains protected: Santos v Compatriot Holdings Ltd [2007] EWCA Civ 863. For the full judgment click here.

Private Sector Protection. Use of words "Assured Tenancy" on a rent book cover does not turn AST into a full assured tenancy: Andrews v Cunningham [2007] EWCA Civ 762. For the full judgment click here.

ASBOs. A court can vary an ASBO by extending its duration:Leeds CC v RG [2007] EWHC 1612 (Admin). For the full judgment click here.

Stock Transfer. The Court of Appeal carried out a detailed review of the law and practice relating to decision-making on the transfer of council housing stock to a new landlord in R(Swords) v Secretary of State [2007] EWCA Civ 795. For the full judgment click here.

Intentional Homelessness. Decision of intentional homelessness upheld by Court of Appeal in respect of Spanish man coming to UK, finding work and then bringing his family over: Osei v Southwark LBC [2007] EWCA Civ 787. For the full judgment click here.

Youth Homelessness. Council wrong to advise teenager awaiting release from custody to apply as homeless on release. Social services owed a duty to accommodate her under the Children Act: R(S) v Sutton LBC [2007] EWCA Civ 790. For the full judgment click here.

Exclusion injunctions. Repeated breach by young single vulnerable adult of an injunction preventing him from returning to his parental home. Repeated committal to prison for breach leads to Court of Appeal call for intervention by social and caring agencies: Gull v Gull [2007] EWCA Civ 900. For the full judgment click here.

Specialist Housing Advice (for Free)

Firms and agencies holding LSC Contracts or Quality Marks can obtain free oral or written advice on Housing matters from the team of Specialist Housing Barristers at Garden Court Chambers from now until at least April 2008. For full details click here

Specialist Housing Law Training

Firms and agencies holding LSC Contracts or Quality Marks can send delegates to a range of reduced-cost specialist training sessions this Autumn/Winter in a range of Housing subjects. The trainers include specialists from Shelter, One Pump Court, Doughty Street and Garden Court Chambers. For the full brochure of events click here

This Week

10 September 2007. Closing date for consultation on Specialist Housing Advice. In England, the LSC presently funds Shelter and two barristers' chambers to provide free specialist legal advice on Housing Law to front-line advisers. The contracts end in March 2008. Should they be renewed, replaced or re-organised? The LSC seeks your views. Click here for the details.

10 September 2007. Closing date for consultation on Regulating social landlords. Are the standards imposed on council and housing association landlords best monitored and enforced by inspection, regulation, complaints, ombudsmen (which ones?) or the courts? The Government awaits your views on Professor Cave's report. Click here for details

11 September 2007. Closing date for consultation on Tenant Power in the Social Rented sector. What are the appropriate adjustments of statutory tools to empower public sector tenants and increase their "voice" in management of council and housing association property? The Government wants your views. Click here for details

12 September 2007. Introduction to Disrepair (Part 2). A HLPA seminar at introductory level. Click here for details.

13 September 2007. Anti Social Behaviour and Respect - the New Agenda. A SHLA evening meeting. Click here for details.

14 September 2007. Current Issues in Housing & Land Law. A City University Law School Conference. Details from

Coming Soon

19 September 2007. Access to housing outside the Housing Acts. HLPA General Meeting. Click here for details.

17 October 2007. Tenancy Agreements. A Chartered Institute of Housing Conference. Click here for details

30 October 2007. Anti Social Behaviour in Social Housing. A Lime Legal Conference. Click here for details

31 October 2007. Successful Housing Litigation. A Jordan Publishing Conference. Click here for the details

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