George Bernard Shaw famously wrote a long letter to a friend, apologising for its length by saying:-
“I’m sorry but I didn’t have time to write a short one”
Anyone who has had to write an article explaining arcane housing law or design a training course on the same thing will understand how difficult it is to keep it somewhere below the size of Moby Dick.
For every time that you write “This is what the law says”, there about 50 examples where you can say “But not in every case”. Therein lies the problem, how much do you leave out to keep it readable without it then being inaccurate and incomplete?
11th Edition of Homelessness and Allocations
So, Messrs Arden, Bates and Vanhegan must be congratulated on the 11th Edition of Homelessness and Allocations, for shortening the book by 20 pages on its predecessor, despite a massive new bit of homelessness law barging through the door in April 2018, which increases both duties and procedures incumbent on homelessness units in England.
“Homelessness & Allocations” is one of two seminal books for professionals in the field, the other being “Housing Allocations and Homelessness” by Jan Luba, Connor Johnson and Liz Davies (There isn’t much you can do with the titles) and while both have their merits and styles the LAG publication is always my first grab when doing a homelessness review or putting together a training course, simply because the text is choc full with relevant case law, which floats my boat.
As with all housing law, talk of Section 4, paragraph 6, sub-section (d) on its own is as dull as ditchwater to me. Its Smith v. Jones or Regina v. Westminster that really make law come to life. Human stories examined through the lens of statute.
I reviewed the 10th edition and commented on this strength before and was pleased to see the style continued, even expanded, with individual cases forming the starting point of many of the paragraphs.
My reasons for doing a book review
When writing book reviews I like to test drive them on the job. I think last time I wrote on the previous edition whilst doing a homelessness review but this time its in the creation of a training course I’m doing in October for homelessness caseworkers to make better use of case law, so the 11th Edition came at a great time and I was handed the important material on a plate.
For a random-grab example, in five short paragraphs on “Cessation of accommodation” I was informed that a family should not come to the UK from abroad without arranging permanent accommodation (De Falco Silvestri v. Crawley), the Importance of considering the factual background of the accommodation that had been left (R. v. Reigate & Banstead BC exp Paris), how all this could lead to a decision of intentional homelessness (r. v. East Hertfordshire DC exp Hunt) and the effects of failing to renew a tenancy (R v. Christchurch BC ex p Conway).
Its that kind of book.
Clearly missing on this front are any cases brought under the Homelessness Reduction Act 2017, as the bulk (but not all) of this law only became active on the 3rd April, so whilst this often shambolic and poorly drafted piece of legislation is having a massive impact on the day to day work of homelessness units, the inevitable challenges that are bound to ensue, have yet to trouble the courts.
I’m sure the 12th edition will be another 100 pages longer as a result.
The acid test
For any book on homelessness law, the acid test will always be the chapter dealing with immigration status and eligibility for homelessness assistance.
You think landlord and tenant law is complicated? Trust me, that stuff is as simplistic as a Dan Brown novel when compared to eligibility and even just considering reading through that section triggers my well-worn avoidance mechanisms to find other things more pressing to do, such as cleaning the draining board but with the emphasis so much on case law even I find some intriguing stuff.
For instance, did you know that an EEA national can claim homelessness assistance if, among other things, they are working, as long as the work is “Genuine and effective” but that even a two week stint as a security guard at Wimbledon Tournament (whilst still erroneously in receipt of benefits) is enough to count as genuine and effective work, for the purposes of the Act (Barry v Southwark LB).
Knowledge like that is enough for the Daily Mail to call off their overtime ban.
Table of Statutes
The statutes themselves form the last third-quarter of the book, so you don’t have to look elsewhere for the references and as with all LAG books table of statutes at the front of the book will whisk the reader straight to text relevant to a very specific question.
Homelessness law in Wales has for some time gone off on its own path in fact, the Homelessness Reduction Act is based in large part on that system and although there is much in the book relating to Welsh law, LAG inform me that specific Welsh version of that book is available as a print on demand standalone publication for £85.
Presumably its heavy on the case law as well.
My Verdict
So, as they used to say on Juke Box Jury, “It’s a hit from me”. I do have more than one homelessness book on my desk, as should all homelessness caseworkers but when I have a question I’ll always grab this one first.
While cases are referenced throughout, for obvious space reasons they can’t go into huge detail but that’s when you grab the Housing Law Casebook, another LAG publication which will flesh out the story and/or you go a-Googling. There is rarely a magic bullet solution when trying to find an answer.
What shocks me though, as I wend my way around the land training homelessness units, is the very common lack of any books whatsoever in an office. Whenever I hold a copy up in front of a group and ask if they have this, I still all too often get blank stares, which is very troubling.
On a course last year, one manager huffed and puffed when I suggested a certain book was indispensable and she said testily
“Do you think we’re made of money?”.
A sign of how parlous the state of funding is within local authorities these days.
£70 for a paperback book? You can buy the complete works of Shakespeare for a fiver :)
At least those of us not on pop star wages will be able to pick up the earlier edition for a couple of quid now.
I’m lucky to work in a well-resourced office where this excellent book and others are available, but can I point out that you can get detailed and up-to-date information on homelessness from the Shelter Legal website – http://england.shelter.org.uk/legal/homelessness_applications. Until recently it was necessary to take out a subscription to access the site but it is now FREE to all, including cash-strapped local authorities. The text is all referenced, so Ben, you can get all the case law you want (including the Wimbledon steward case you mention – Barry v Southwark LBC [2008] EWCA Civ 1440 for what it’s worth). And of course it provides all the detail so far available on the Homelessness Reduction Act, and as soon as the case law starts to trickle in we’ll be adding it!
The site is written for professionals, and is non-partisan in its approach. As well as homelessness we cover security of tenure, harassment and illegal eviction (http://england.shelter.org.uk/legal/harassment_and_antisocial_behaviour/harassment_and_illegal_eviction), relationship breakdown, rents, home ownership, banning orders, HMOs – and much, much more. I should mention that we are currently reviewing the site in terms of how it is organised, so there could be changes in the near future.
You can subscribe via the ‘What’s new’ page (http://england.shelter.org.uk/legal/home/whats_new) to regular fortnightly email updates that highlight what’s been added to the site.
We’re always happy to hear feedback on the website, and it’s easy to do via a feedback button on every page.
Thanks for the link Jackie. Might have saved me a couple of quid, it’s the first time Shelter has ever done me a bit of good!
“We’re always happy to hear feedback”
Any feedback to make about your “No DSS” campaign following this article from a very highly respected social housing expert;
https://speyejoe2.wordpress.com/2018/08/23/dear-polly/
You trying to put me out of a job Jackie haha
“£70 for a paperback book?”
Legal books aimed at professionals are always expensive because the market is small and a huge amount of work which goes into them.
“At least those of us not on pop star wages will be able to pick up the earlier edition for a couple of quid now.”
Not generally a good idea to rely on out-of-date books in any field, and especially one which changes rapidly.
“I’m sorry but I didn’t have time to write a short one.”
Many well-known quotes are misattributed and the usual candidates are George Bernard Shaw, Mark Twain, Oscar Wilde and Winston Churchill. Any of the foregoing may have written the above, but the earliest known instance is from Blaise Pascal’s Lettres Provinciales dating back to 1657.
“Not generally a good idea to rely on out-of-date books in any field, and especially one which changes rapidly.”
£2 and thorough researching online for any changes, instead of paying £70 for a book that is already out-of-date once published, seems a very good idea.
Most private landlords don’t have the huge budgets of councils or the housing ‘charity’ industry.
As George Bernard Shaw was possibly misattributed as saying when his landlord had to sell up and evict him due to ridiculous over-regulation;
“A housing legal system which robs Peter to pay Paul can always rely on the support of Paul.”
Not mine though
£70 isn’t much in terms of legal books. LAG are very reasonable about pricing this stuff.
If you are a barrister in the civil law world, you will need a copy of the White Book with prices starting at £639 – reissued annually. In criminal law, you will need Blackstones which is just under £400.
Remember that the book is not aimed at Joe Public but at housing professionals dealing with this stuff day in day out. If having a £70 book in an LA office prevents one or two unnecessary reviews or an appeal, then its probably paid for itself.
I agree Todd, compared to the white book they are a snip.
Whenever I’m in court on a possession hearing everyone has a copy of Defending Possession Proceedings and if they have forgotten theirs I get lawyers asking to borrow mine, such is the essential nature of the thing.
When I used to work in local authorities, if they were difficult about budgets I would buy my own. The expense being preferable to winging it and the day job was a whole lot less stressful.