Share on LinkedIn Tweet This Share on Facebook Share Tweet Share Social Housing Newsletter February 2013 What we have been up to... In a strong judgment the Court of Appeal in Michael Sims v Dacorum Borough Council  EWCA Civ 12 have rejected an attack on the common law rule, confirmed in Hammersmith LBC v Monk  1 AC 478, in which it was held that a notice to quit served by one joint tenant had the effect of terminating the periodic tenancy (even where the other joint tenant(s) were entirely unaware of the notice). Andy Lane and Dean Underwood represented the successful landlord and their argument that neither Article 8 nor Article 1 of the First Protocol were engaged by the rule was unanimously upheld by the Court. For more information, please refer to our factsheet on the judgment in Michael Sims v Dacorum Borough Council. Dean Underwood spoke alongside Mairead Carroll of the East Thames Group at the Social Housing Law Association meeting on 7 February 2013 on the topic of Welfare Reform. Hardwicke have already held, last November, a breakfast seminar on this issue led by Dean and Andy, and they will be joined by Alexander Campbell at a further event next month as detailed in the "Events" section below. If you would like a copy of the excellent paper written by Dean for the SHLA meeting then send a request to Daniel Kemp. Laura Tweedy has been in Leicester for a Gateway B, proportionality and Equality Act case. The "summary" hearing lasted 3 hours with additional judicial pre-reading (unsurprising as there were 5 bundles, 2x 20-page skeleton arguments and a chronology) and a reserved judgment. Watch this space for the result! Andy Lane successfully resisted an appeal brought by a former non-secure tenant against the decision of a district judge in making a possession order. The grounds of appeal included Gateway B and Article 8 arguments and an effective challenge to a Children Act assessment made by the local authority. Copies of the judgment can be obtained on request to Daniel Kemp. Karl King and Alastair Redpath-Stevens delivered the first in our series of Social Housing seminars on "Making the most of your evidence: Hearsay and its treatment in the county court". The seminar was chaired by Alexander Bastin. Articles Getting it right first time: The esoterics of general applications under CPR 23 Alastair Redpath-Stevens examines applications made under CPR 23.Read Alastair's article... Tackling housing fraud receives royal nod of approval Dean Underwood notes the royal assent being given to the Prevention of Social Housing Fraud Bill on 31 January 2013. A short piece by Dean about the new legislation will appear in Inside Housing’s legal supplement in due course.Outright or suspendedThe correct approach in discretionary residential possession cases where Andy Lane considers the impact of the Court of Appeal decision in Birmingham City Council v Mr Neil Ashton  EWCA Civ 1557.Public rights in private homes: Deprivations of liberty in private care homesAlex Campbell considers a December 2012 Court of Protection judgment.Litigants in person Andy Lane remarks upon comments in the recent Court of Appeal judgment in Tinkler & Anr v Elliott  EWCA Civ 1289. Social Housing case law update Mobile homes and ground for possession of plot Simon Allison appeared this month in what appears to be the first ever determination by the Residential Property Tribunal under paragraph 5A of Schedule 1 to the Mobile Homes Act 1983.Read Simon's article... We have also summarised some of the most significant and interesting social housing cases over the last few months, including: Alan Doey v Islington LBC  EWCA Civ 1825 Fred Perry (Holdings) Ltd v (1) Brands Plaza Trading Ltd and another  EWCA Civ 224 Falis Ibrahim v Wandsworth LBC  EWCA Civ 20 Evans v Brent LBC (18/12/12 – Ramsey J) Amanda Carthew v Exeter City Council  All ER (D) 50 (Dec) Doncaster MBC v AC &Ors  EWHC 45 (QB) Go to the social housing case law update... Upcoming events 7 March - CIH South East conference & exhibition - Making housing workAndy Lane is speaking alongside Daniel Skinner of Batchelors Solicitors at the CIH South East Conference in Brighton. For more information, plesae refer to the conference programme. 21 March - Preparing for reform: The Welfare Reform Act 2012 and its impact on social housingDean Underwood and Alexander Campbell are the main speakers at a Hardwicke breakfast seminar chaired by Andy Lane on the subject of the Welfare Reform Act 2012.26 April - Legal Essentials for Rent ArrearsDean Underwood and Fiona Scolding will be speaking at Capita’s next Legal Essentials for Rent Arrears briefing on 26th April 2013. Dean will again be speaking on the subject of welfare reform and Fiona, in her capacity as a Deputy District Judge, about the exercise of judicial discretion in rent arrears cases.14 May - The Equality Act 2010: Defences to possession claims and the role of the assessorArthur Moore chairs the 2nd of Hardwicke’s Social Housing Team evening seminar programme on the topic of “The Equality Act 2010: Defence to possession claims and the role of the assessor”. Laura Tweedy and Andy Lane will present the seminar. Watch this space... Alex Campbell and Leon Glenister are busy preparing this year’s Hardwicke’s Social Housing Conference which will be on the topic of “Vulnerable Occupiers and the Social Landlord”. Further details will be circulated shortly. If you would like to contribute ideas about interesting topics or indeed speakers, please email Leon Glenister, Alex Campbell or Daniel Kemp. Andy's moans I have taken up the baton again after handing over to other colleagues for a few issues, and am particularly keen to get the following out of my system: What is the point of a district judge – and you know who you are – complaining to me at a first possession hearing that “this is a rent arrears list"? It’s not and even if it was I’m not the listing officer! Who broke my picture of Sir Alex Ferguson holding up a Manchester United shirt with my name on it…I have a short-list and Chelsea fans on my floor are high up the list! Contact us This edition of the Social Housing Newsletter was edited by Andy Lane. If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team: Daniel Kemp, Senior Practice ManagerElizabeth Bousher, Practice ManagerTo find out more about our Social Housing team and their work, visit the Social Housing page on our website.