About this blog

Ramblings, thoughts, facts and opinions about political things - starting point council tenant participation with my land-lord Camden council and council tenant reps plus other housing issues, and whatever.


NOTE: I believe this account has been illegally hacked. Little clues have been left for me. They like playing games.

Sunday, 2 August 2020

Legal Issues/Cases of Interest

Work in progress

The below 2 posts are joined
  1. Friday 10  June 2016 posting I did on this blog: London Council  Overcharged Tenants for Water HERE 
  2. Thursday 15 June 2017 posting I did on this blog : Legal Action Threat for Water Charge Arrears HERE 


Below cases are joined starting in descending order with:
  • 21 November 2019 costs review HERE of summary costs awarded against A Kuznetsov, assessed to the sum of £11,614.20.
  • 1st May 2019 Alexander Kuznetsov  V   The London Borough of Camden HERE - application dismissed, for reasons given. Application for a Judicial Review [JR] of decision of London Borough of Camden - that he is not qualified for allocation of housing under part 6 of the Housing Act 1996   
  • There's also THIS from early 2016 to do with Leaseholder Services Charges 

Unsuitable housing 

this one to do with housing officers illegally evicting and disposing of possessions

this one is to do with the water over charging 

To do with a fire [3 July 2009] in a block of council flats which killed 6 people and harmed many others 

legal and costs build-up 

contempt of court - housing department

House of Lords/ now known as UK Supreme Court
London Borough of Southwark and Another v. Mills and Others Baxter v. Mayor etc of the London Borough of Camden [1999] UKHL 40; [1999] 4 All ER 449; [1999] 3 WLR 939 (21st October, 1999) (bailii.org)  cited grounds Quiet Enjoyment and Nuisance failed - no sound-proofing within dwellings - landlord not liable. 'Buyer Beware'          

Begum v London Borough of Tower Hamlets [2003] UKHL 5 (13 February 2003) (bailii.org)London Borough of Merton Council v Nuffield Health [2023] UKSC 18 (07 June 2023

London Borough of Merton Council v Nuffield Health [2023] UKSC 18 (07 June 2023)
http://www.bailii.org/uk/cases/UKSC/2023/18.html Rates relief [or not] for registered charity/private business  re gym membership prices excluded those of modest means 


"Whether Part 4 of the Policing and Crime Act 2009 is incompatible with Article 6 of the European Convention on Human Rights."  

civil or criminal standard of proof for injunctions




Subsidence of house due to deep trench dug outside house/broke water pipes by council - house unsafe to live in was left empty and squatters got in and did damage - bill sent to Camden Council - council admitted nuisance liability    "The damages were left to an official referee"



"The proceedings in respect of AC were issued in 2020 as an application for an order that she be moved from her home, where she was living with GC, to a respite placement to allow for issues of hoarding and cleanliness of the property to be addressed and the property made safe." 












Protection from Eviction Act 1977 HERE 


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The below is a Warrant to Enter Premises under the Environmental Protection Act 1990 

 
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CRAIG HILL AGAINST ANGUS COUNCIL [2023] SC FOR 6 (03 February 2023)
http://www.bailii.org/scot/cases/ScotSC/2023/2023_SC_FOR_6.html   [28 April 2022] 
Tenant claims to have had an accident due to lighting in communal area of block he lived in being faulty 
APPEAL BY CRAIG HILL v ANGUS COUNCIL [2023] Scot SAC Civ 15 (12/01/2023)
12 Jan 2023 
 
 
 
  Mohammed, R (on the application of) v Local Safeguarding Children's Board For Islington & Anor [2014] EWHC 3966 (Admin) (27 November 2014) http://www.bailii.org/ew/cases/EWHC/Admin/2014/3966.html
A housing related case and the tragic death of 7 y/o child who had autism 

Mitchell v. Glasgow City Council [2005] ScotCS CSOH_84 (30 June 2005)  
  Mitchell & Anor (APS) v Glasgow City Council [2008] ScotCS CSIH_19 (29 February 2008)  http://www.bailii.org/scot/cases/ScotCS/2008/CSIH_19.html
 

UO v London Borough of Redbridge [2023] 




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Legal Status of Written Guidance by a Government Secretary-of State/Cabinet Member [Guidance that isn't an Order, or Secondary Legislation such as Regulations. 



update 13/nov/24

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The declaration which I will make is as follows: "The Defendant does have a discretion to backdate the registration date of an applicant's application under the Housing Allocation Scheme for the reasons given in the judgment at paragraphs 67-72. The Defendant acted unlawfully by failing to consider exercising their discretion in response to the Claimant's request."




Housing - noise and smell


Application of Premises Closure Order 



ZR entered the UK as an asylum seeker and was given refugee status. 
Whether priority housing challenge/ 
Change of practice by Home Office




Shorr & Anor v London Borough of Camden (HOUSING - FINANCIAL PENALTY - unlicensed HMO owned by spouses but let and generally managed by wife 
– 4 penalties imposed on each spouse for failure to license and other management offences
 – whether LH authority policy interpreted correctly
 – totality principle – treatment of joint owners
 – ss. 72, 249A, 263 Housing Act 2004 – Management of Houses in Multiple Occupation (England) Regs 2006 – appeal allowed in part