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Case law

Council ordered to stop gatekeeping practices

8 April 2015

Carmel Ferguson, Solicitor with Housing Rights, discusses a recent important Judicial Review taken against the London Borough of Southwark.  The JR, which was settled on the basis of a consent order, challenged the practices used by Southwark when approached by an applicant requesting housing assistance, claiming that these practices were unlawful.

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Homelessness, Case law, Legal

Judge orders landlord to return possession to tenant

4 March 2015

Carmel Ferguson, Solicitor with Housing Rights Service, casts her eye over a recent Chancery case, Saverese v Fraser Homes Ltd 2014 [2015] NICh 2, where a tenant of a commercial lease took action against his landlord for

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Case law, Landlord, Legal

Possession in PRS: A landlord’s right to unpaid rent

27 February 2015
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An important question to be considered in respect of landlord and tenant law is whether a landlord can seek recovery of all the rent due under a tenancy i.e the remaining fixed term period, when a tenancy is brought to an end early.  As solicitor Chris McGrath explains, the landlord’s right to unpaid rent depends on how the tenancy ended.

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Money Matters, Private Tenancies, Case law, Landlord, Legal

Homeless reviews and “minded to” letters

25 November 2014

When an adviser assists a client with a review of a negative homelessness decision, they will usually try to identify some error in the original decision making process.  The reviewing officer may acknowledge this error, yet decide to uphold the original negative decision.   In this situation, the reviewing officer must send the applicant a “minded to” letter.

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Case law, Legal

Appealing a homeless decision on a point of law

30 September 2014

Carmel Ferguson, Solicitor with Housing Rights, looks at another successful homeless appeal carried out by Housing Rights Service.  As experienced advisers will be aware, an appeal can only be heard in the County Court if the case involves an error of law.

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Practical tips, Homelessness, Case law, Legal

Bank of Scotland held to account

18 August 2014

Chris McGrath LLB, Solicitor with Housing Rights, discusses a recent Housing Rights High Court Case where Bank of Scotland was found to be double billing customers in mortgage arrears.

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Money Matters, Repossession, Case law, Legal

Bedroom tax judicial review fails

4 June 2014

A recent Judicial Review of the bedroom tax, supported by the Child Poverty Action Group (CPAG) has failed.  This Judicial Review was brought on the grounds that the policy was discriminatory as it does not allow for an additional bedroom where a child with disabilities needs overnight care.  The judgment stresses the importan

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Welfare Reform, Case law, Affordability, Legal

Court of Appeal quashes PSNI decision on SPED

18 February 2014

A mother and daughter, who had been intimidated from their home, will now be able to sell their property under the SPED scheme thanks to a Court of Appeal decision made last week.

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Social Tenancies, Homelessness, Case law, Legal

First Time Order in Northern Ireland

29 January 2014

Housing professionals will be only too aware of the increase in the number of applications for possession of residential dwellings.  What many are less aware of is how useful an application for a Time Order can be to homeowners who risk losing their homes due to a secured loan or second charge.

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Repossession, Case law, Affordability

Customer awarded damages for harassment by their bank

22 January 2014

In the case of Roberts v Bank of Scotland PLC [2013] EWCA Civ 882, the UK Court of Appeal upheld an award of damages against the Royal Bank of Scotland for harassment.

The case was brought as a civil claim under section 1 (1) of the Protection from Harassment Act 1997, which provides:
“A person must not pursue a course of conduct (a) which amounts to harassment of another and (b) which he knows or ought to know amounts to harassment of another”.

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Case law, Legal

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