Practice Area: Housing

Housing Update: Is the “one succession rule” discriminatory?

This is the question considered by the High Court  in the case of London Borough of Haringey v Simawi & Anor (2018) EWHC 2733. s87 and s88 Housing Act 1985 (in force at the relevant time) provided tha... Continue Reading

The real costs of litigation: Gill & Gill v Kassam

The recent decision in Gill & Gill v Kassam (HHJ Worster, Birmingham County Court, 13 August 2018) has aroused considerable interest. In this article, Michael Singleton discusses the outcome of this c... Continue Reading

Housing Update: Paragon Asra Housing Ltd v Neville [2018] EWCA Civ 1712

The Court of appeal gave judgment in this disability discrimination in housing case last week which is worthy of note for housing practitioners. The crux of the decision was that where a court had found th... Continue Reading

Housing Update: Eales v Havering London Borough Council

The recent High Court decision in Eales v Havering London Borough Council (extempore judgment but note on lawtel) is worthy of mention for housing practitioners. The essence of the decision is that the mak... Continue Reading

Chambers & Partners announce ranked members for 2019 including two new barristers

St Ives Chambers are delighted that its members continue to be recommended in Chambers & Partners. Members from the Family/Matrimonial group who will be included in the 2019 edition are Jeremy Weston Q... Continue Reading

Housing Update: Automatic discharge of SPO’s

The Court of Appeal has considered the interpretation of a clause in a suspended possession order that provides for automatic discharge after a prescribed period of time in the case of Armstrong v Ashfield... Continue Reading

Housing Update: Burden of proof in priority need homelessness cases – Rother District Council v Freeman-Roach [2018] EWCA Civ 368 by Jane Talbot

The Court of Appeal has considered who has the burden of proof in an appeal flowing from a challenge to the local authorities decision pursuant to section189(1)(c) Housing Act 1996 concerning who is in “... Continue Reading

Housing Update: Davies v Hertfordshire County Council [2018] EWCA Civ 379

Section 11 Childrens Act 2004 is it a valid defence in possession proceedings? – Davies v Hertfordshire County Council [2018] EWCA Civ 379 We have probably all had sight of defences pleading failure to c... Continue Reading

LMH v Mensah – Approved Judgement

This case reaffirms the importance of the tenancy agreement as regulating the relationship between landlord and tenant. There has been a recent trend in some areas of tenants being advised to refuse access... Continue Reading

Housing Update: When is a breach of tenancy “relevant”? by Jane Talbot

The High Court has considered the proper interpretation of s7 Housing Act 1988 in the recent appeal in the matter of Teign Housing v Richard Lane [2018] EWHC 40 (QB). Teign Housing appealed a decision dism... Continue Reading