Articles

Field Court Chambers

Right to accommodation under s.193 Housing Act 1996 is not a “civil right” for purposes of Art 6 ECHR

Emma Godfrey looks at Poshteh v Royal Borough of Kensington & Chelsea [2017] UKSC 36 where the Supreme Court has revisited the question of whether decisions by local housing authorities as to the duty owed under Part VII Housing Act 1996 amount to the “determination of a civil right” which engages the right to a hearing before an impartial and independent tribunal under art 6 ECHR.

Field Court Chambers

Married couples and civil partners vs. couples living together as husband and wife – succession rights under the Housing Act 1985

Sarah Salmon looks at the Court of Appeal's decision in Turley v (1) Wandsworth LBC and (2) Secretary of State for Communities and Local Government which was another challenge to the succession regime under the Housing Act 1985 albeit following amendments made by the Localism Act 2011 (which did not apply to this case) and future amendments, should they be brought into force, under the Housing and Planning Act 2016.