Issue 93 - 28th April 2008

Monday 28 April 2008

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The Latest Housing Law News

Housing and Human Rights: on 21 April 2008 the Equality & Human Rights Commission launched an inquiry chaired by Dame Nuala O'Loan to investigate how human rights are working in England & Wales. For the terms of reference click here. The inquiry has issued a call for evidence. Advisers working in Housing Law may wish to make submissions about human rights in the housing field. For the details of the call for evidence (which closes on 21 June 2008) click here

Private Renting and Homelessness: on 21 April 2008 Shelter published a new report by Julie Rugg of York University (currently undertaking the Government's review of private renting). A Route to Homelessness reports that many people on low incomes renting privately are being forced to live in slum-like conditions and struggle to find a decent, affordable place to live. For a downloadable copy of the report click here

The Latest Housing CaseLaw

21 April 2008
Harrow LBC v Ibrahim
[2008] EWCA Civ 386
Ms Ibrahim, a Somali, is the wife of a Danish national and she has Danish children. Neither she nor her husband has employment. On a homelessness application, the council decided that they were not eligible for assistance. On appeal it was successfully argued that the parents were entitled to be in the UK as carers for their children who were EU nationals in the UK education system. The Court of Appeal decided to refer to the European Court of Justice the issues of EU law that a further appeal in the case had thrown up. For a copy of the judgment click here

22 April 2008
Honeygan-Green v Newham LBC
[2008] EWCA Civ 363
In 2000 a secure tenant claimed the right to buy (RTB). The claim was admitted and a price was agreed in 2001 but completion was delayed. By late 2002 the tenant had lost her secure tenancy on breach of a suspended possession order. She later successfully applied to revive her tenancy by postponing the date for possession. A judge refused to accept that her old RTB claim had also revived. The Court of Appeal allowed her appeal. The old claim had revived at the agreed price and she was entitled to enforce completion by injunction. For a copy of the judgment click here

23 April 2008
Fairclough v Raglan Housing Association
The House of Lords has refused Mr Fairclough leave to appeal in this case about the reach of the "nuisance ground" for possession (Schedule 2 Ground 14 Housing Act 1988) against assured tenants. For a copy of the Court of Appeal judgment click here

23 April 2008
Foxtons Ltd v Bicknell
[2008] EWCA Civ
A homeowner engaged estate agents to sell a house. It was eventually sold to a person introduced by the agents. On a claim by the agents for their commission a judge held that the commission was payable. The Court of Appeal reversed that finding. It was not enough that an agent had introduced a person who eventually (perhaps years later) purchased. The agent had to have introduced the eventual buyer "to the purchase". For a copy of the judgment. Click Here

Housing Law Events

(1) This Week

28 April 2008
Defending Possession Proceedings.

A LAG training course in London. For details click here

28 April 2008
Housing Bill

Second reading in the House of Lords. For a copy of the latest version of the Bill click here.

01 May 2008
Rent Arrears and Housing Benefits

A LAG training course in London. For details click here

02 May 2008
Using the Local Government Ombudsman

A training course for lawyers organised by the Local Government Ombudsmen. For details click here.

(2) Next Month
21 May 2008

Social Housing Law & Practice Conference 2008. A Lime Legal Conference. For details click here

21 May 2008
Homeless Young People & Housing. The HLPA Members' meeting in London. For details click here

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Garden Court Housing Tenancies

We seek two barristers to join our excellent and thriving Housing Team.
Candidates must be housing specialists committed to practising within the principles and ethos of chambers. Knowledge and experience of community care law an advantage. We seek suitable candidates above eight years call and above three years call.

Click for more information and to download the application pack

The closing date for applications is Tuesday 6 May 2008.

Applications from ethnic minorities and women candidates are particularly welcome. We seek to operate a fair recruitment policy.

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