Request a Callback

| Uncategorised

A look at the latest Housing case law

Leicester CC v Shearer (November 2013)

In the case of Leicester CC v Shearer, the Court of Appeal held that Mrs Shearer, who was widowed following her husband’s suicide, had a public law defence to the claim for possession brought by Leicester CC.

Following the death of her husband, Leicester CC failed to consider granting Mrs Shearer a new tenancy of the property in which she and her husband had lived, and instead advised her to apply for an allocation of a property elsewhere.

She was not told about the possibility of a direct offer of accommodation, which would have allowed her to remain in the property, and therefore the Court found that Leicester CC did not act in accordance with its own allocation scheme and as such could not bring a successful claim for possession of the property.

Request a Callback

Related Articles

  1. Care proceedings Court of Appeal win

    Care proceedings Court of Appeal win

    Hopkins Solicitors (instructed for the children) have acted in the recent Court of Appeal case of Re P and E…

  2. New government pilot with Resolution for family disputes

    New government pilot with Resolution for family disputes

    On Tuesday March 26, 2024 the UK Parliment considered a formal question on family resolution and particularly, Resolution’s “Vision For…

  3. Are you a law firm that is thinking about no longer handling personal injury claims?

    Are you a law firm that is thinking about no longer handling personal injury claims?

    Maybe you’ve had key staff in your personal injury department recently retire (or thinking of retiring) and you aren’t looking…

Accept Cookies

We use cookies to personalise content, provide social media features and to analyse our traffic. We also share information about your use of our site with our social media and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. By using this website, you agree to the use of cookies as stipulated in our privacy policy.

Accept Cookies
;