The exercise of judicial discretion in rent arrears cases - Sheffield ...

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BIBLOGRAPHY Alder J and Handy C (1991) Housing Association Law 2 nd Edition, London: Sweet & Maxwell Audit Commission (2002) Housing Benefit: The National Perspective, London: Audit Commission Baldwin J (1997) Small claims in the county courts in England and Wales: the bargain basement of civil justice, Oxford: Clarendon Press Blandy S, Hunter C, Lister D and Nixon J (2002) Housing Possession Cases in the County Court: Perceptions and experiences of black and minority ethnic defendants, London: Lord Chancellor’s Department Bright S (2003) “The concept of the tolerated trespasser: an analysis” 119 Law Quarterly Review, pp. 495 - 515 Citizens Advice (2004) Home Remedies: The challenges facing publicly funded housing advice, London: Citizens Advice Delargy M (2003) ‘Who’s Counting? No-one, yet’ ROOF March/April 2003 Department for Constitutional Affairs (2004) Judicial Statistics available at: http://www.dca.gov.uk/judicial/judges/stats.htm Evans A (2003) Local Authority Housing Rent Income: Rent Collection and Arrears Management by Local Authorities in England and Wales; London: Audit Commission Ford J and Seavers J (1998) Housing Associations and Rent Arrears; Attitudes, beliefs and behaviours, Coventry: Chartered Institute of Housing Galanter M (1974) ‘Why the 'haves' come out ahead: speculations on the limits of legal change’ Law and Society, vol 9:1, pp 95-160 v Gray B, Finch H, Prescott-Clarke T, Cameron S, Gilroy R, Kirby K and Mountford J (1994) Rent Arrears in Local Authorities and Housing Associations in England, London: DoE/HMSO Housing Corporation (1994) The Tenants’ Guarantee 1994 London: Housing Corporation Housing Corporation (2004) Tenancy Management: Eligibility and Evictions, Circular 07/04 London: Housing Corporation Judicial Studies Board (2004) website: http://www.jsboard.co.uk Judicial Studies Board (2004) Civil Bench Book, London: Judicial Studies Board, available at: http://www.jsboard.co.uk/civil_law/cbb/mf_14.htm#top Law Commission (2002) Renting Homes 1: Status and Security Law Commission Consultation Paper No. 162. London: LCD Law Commission (2003) Renting Homes Law Com. No. 284 London: LCD 111
Lawrence J (1995) “Sentencing processes and decisions: influences and interpretations” in Hanlon G, Jackson J, Atkinson A, Judging and Decision-Making, Sheffield: Institute for the Study of the Legal Profession, Faculty of Law University of Sheffield. Lempert R (1992) “Discretion in a behavioural perspective: the case of a public housing eviction board” in Hawkins K (ed.) The Uses of Discretion Oxford: Clarendon Press Myers Wilson C (2004) “Housing Possession Court Duty Scheme Pilot” in Legal Services Commission, Improving access to advice in the Community Legal Service: Report on Evaluation Research on Alternative Methods of Delivery London: LSC Nicol N (1999) “The Tolerated Trespasser”, Journal of Housing Law, Issue 1, p. 11 Nicol N (2001) “Forgive us our tolerated trespasser” Journal of Housing Law, Issue 5, p. 69 Nixon J, Hunter C, Wishart B and Smith Y (1996) Housing Cases in County Courts, Bristol: Policy Press ODPM (2004) Survey of English Housing 2002/03, London: ODPM Pawson H, Flint J, Scott S, Atkinson R, Bannister J, McKenzie C and Mills C (2005) The Use of Possession Actions and Evictions by Social Landlords, London: ODPM Phelps L and Carter M (2003) Possession Action – the last resort? CAB evidence on court action by social landlords to recover rent arrears, London: Citizens Advice Bureau Raynsford Dallison Associates Ltd. (1992) Getting the Benefit, Improving the Administration of Housing Benefit for Housing Association Tenants, London: Housing Corporation School for Advanced Urban Studies (1986) Civil Justice Review, Study of Housing Cases, Final Report to LCD Schneider C (1992) “Discretion and rules: a lawyer’s view” in Hawkins K (ed.) The Uses of Discretion Oxford: Clarendon Press Sefton M and Wishart B, with Hunter C and Nixon J (1998) County Court Housing Advice and Representation Schemes: A good practice guide, York: Joseph Rowntree Foundation Woolf (1996) Access to Justice: Final Report, London: HMSO 112
Page 1 and 2:
The exercise of judicial discretion
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The Research Unit, Department for C
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Contents Executive summary i Chapte
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Executive summary The research ques
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the shift to housing officers appea
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Conclusions A wide and diverse rang
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on the role of judges under the exi
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Northern 1 court hears over 1500 ho
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significance to a particular respon
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The application may be adjourned; t
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such forms are completed in less th
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In November 2001, the Legal Service
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Levels of arrears Although the reas
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Table 2: Rent levels from ODPM stat
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Table 5: Changes in outcomes of ini
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Table 6: Impact of participation on
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The focus group participants consid
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consideration in this chapter, the
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Neither of the judges seemed to con
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chambers, where the possession list
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Most of the district judges felt th
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The views of the claimants’ group
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Qualitative and quantitative data f
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anything to say, and wants to stay
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Table 7: Sources of training and up
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sought with what they know the judg
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Chapter 5: Judges and landlords Int
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Chart 7: Orders granted by requests
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some unevenness in the impact of re
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Thus it can be seen that the type o
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District judges differed on how muc
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There were three other, more genera
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Conclusions In this chapter, we hav
Page 69 and 70:
Chapter 6: Judges and tenants Intro
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approach he was more confident in t
Page 73 and 74: “I think in terms of exercising d
Page 75 and 76: Family make up The broad powers of
Page 77 and 78: are trying to deal with the particu
Page 79 and 80: “I wouldn’t dream of making an
Page 81 and 82: interpreter. Similarly, many of the
Page 83 and 84: Judges are human too - personal rea
Page 85 and 86: understand the proceedings, a great
Page 87 and 88: What must be emphasised is that whi
Page 89 and 90: also the most common explanation gi
Page 91 and 92: anomalous case of West Country cour
Page 93 and 94: District judges’ knowledge. Some
Page 95 and 96: Two of the judges interviewed felt
Page 97 and 98: DJ: I’d be inclining towards the
Page 99 and 100: how he dealt with the housing benef
Page 101 and 102: Chapter 8: Particular decisions: gr
Page 103 and 104: Table 10: Outcomes in Ground 8 case
Page 105 and 106: Others were, however, prepared to g
Page 107 and 108: It is perhaps not surprising that,
Page 109 and 110: the basis of the original possessio
Page 111 and 112: Chart 13: Impact of family make up
Page 113 and 114: The advice to the tenant was often
Page 115 and 116: Chapter 9: Conclusions Where the la
Page 117 and 118: shows that the vast majority of tho
Page 119 and 120: important determining factors is th
Page 121 and 122: Thus it is likely that that even th
Page 123: 110
Page 127 and 128: give a typology of the characterist
Page 129 and 130: In analysing cases percentages have
Page 131 and 132: Appendix 2 - Research instruments 1
Page 133 and 134: What factors would you ascribe thos
Page 135 and 136: 20. Typically, how would you descri
Page 137 and 138: with a duty desk representative who
Page 139: DCA Research Series No. 6/05 The ex
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