As difficult as pulling teeth – Nearly Legal

Posted May 5th, 2015 in costs, damages, housing, landlord & tenant, news, repairs by sally

‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’

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Nearly Legal, 4th May 2015

Source: www.nearlylegal.co.uk

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High Court rejects challenge to Nottinghamshire joint strategy approach to green belt boundaries – OUT-LAW.com

Posted April 29th, 2015 in environmental protection, housing, local government, news, planning by sally

‘The High Court has rejected a parish council’s challenge to the joint planning strategy of several Nottinghamshire local authorities after finding that the correct approach had been taken to the proposed alteration of green belt boundaries.’

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OUT-LAW.com, 28th April 2015

Source: www.out-law.com

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HMO corner – Nearly Legal

Posted April 28th, 2015 in housing, licensing, local government, news, tribunals by sally

‘A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes.’

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Nearly Legal, 27th April 2015

Source: www.nearlylegal.co.uk

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UK housing crisis ‘in breach of human rights’ – The Guardian

Posted April 28th, 2015 in charities, housing, human rights, news, rent, reports by sally

‘The UK is in breach of its own United Nations human rights commitment to provide people with adequate homes because the housing crisis is so serious, a consortium of leading housing charities has warned. They cite soaring housing rental costs, unhealthy conditions in homes, and rising levels of homelessness and warn of “profound issues of lack of supply, increasing housing costs, lack of security of tenure and homes of such poor quality that they are unfit for habitation”.’

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The Guardian, 28th April 2015

Source: www.guardian.co.uk

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Searching questions in the CJEU: the East Sussex County Council case – Panopticon

Posted April 20th, 2015 in EC law, fees, freedom of information, housing, local government, news by sally

‘When local authorities provide property search information, can they charge for doing so? On what legal basis? How should such charges be calculated?’

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Panopticon, 17th April 2015

Source: www.panopticonblog.com

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From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

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Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

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Rents and Equality. Barnet, again – Nearly Legal

‘It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest.’

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Nearly Legal, 15th April 2015

Source: www.nearlylegal.co.uk

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R (on the application of SG and others ) v Secretary of State for Work and Pensions – Supreme Court

R (on the application of SG and others ) v Secretary of State for Work and Pensions [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Regina (Coll) v Secretary of State for Justice – WLR Daily

Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157

‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’

WLR Daily, 31st March 2015

Source: www.iclr.co.uk

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Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily

Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) [2015] UKSC 22; [2015] WLR (D) 165

‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’

WLR Daily, 2nd April 2015

Source: www.iclr.co.uk

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No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

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Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

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Supreme Court gives reasons for quashing offer of housing 50 miles away – Local Government Lawyer

Posted April 7th, 2015 in appeals, children, housing, local government, news, Supreme Court by sally

‘The Supreme Court has today given its reasons why it unanimously upheld a homeless mother of five’s appeal over a London borough’s offer of accommodation 50 miles away.’

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Local Government Lawyer, 2nd April 2015

Source: www.localgovernmentlawyer.co.uk

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On the Road Again – Nearly Legal

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

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Care orders and accommodation pending appeal – Nearly Legal

Posted April 7th, 2015 in appeals, care orders, homelessness, housing, news, Supreme Court by sally

‘Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

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Tenant wins battle to stop Westminster council moving her out of London – The Guardian

Posted April 7th, 2015 in appeals, homelessness, housing, local government, news, Supreme Court by sally

‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’

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The Guardian, 2nd April 2015

Source: www.guardian.co.uk

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Self-build and Custom Housebuilding Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in construction industry, housing, legislation by sally

Self-build and Custom Housebuilding Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

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New PD rights and deemed discharge of planning conditions to be introduced in April – OUT-LAW.com

‘Several new types of existing buildings will be able to be converted into homes without full planning permission from 15 April under UK planning reforms that will also introduce the “deemed discharge” of certain planning conditions.’

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OUT-LAW.com, 31st March 2015

Source: www.out-law.com

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Discretionary Housing Payments – the trouble with DLA – Nearly Legal

‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’

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Nearly Legal, 30th March 2015

Source: www.nearlylegal.co.uk

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Disability discrimination goes to full trial – Nearly Legal

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

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Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

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