Supreme Court agrees to hear key case on intentional homelessness – Local Government Lawyer

Posted August 29th, 2014 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’

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Local Government Lawyer, 28th August 2014

Source: www.localgovernmentlawyer.co.uk

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Regina v Ali (Salah) – WLR Daily

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

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The strike down of Superstrike: Where are we now with tenancy deposits? – Hardwicke Chambers

Posted August 7th, 2014 in deposits, housing, landlord & tenant, news by sally

‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’

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Hardwicke Chambers, 6th August 2014

Source: www.hardwicke.co.uk

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Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

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Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

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Damages for disrepair – Long leasehold properties – Hardwicke Chambers

Posted August 7th, 2014 in compensation, damages, housing, leases, news, repairs by sally

‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’

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Hardwicke Chambers, 4th July 2014

Source: www.hardwicke.co.uk

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Dewsbury couple win spare bedroom housing benefit fight – BBC News

Posted August 7th, 2014 in benefits, disabled persons, housing, news by sally

‘A couple from West Yorkshire who went to court to challenge a cut to their housing benefit have won their case.’

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BBC News, 7th August 2014

Source: www.bbc.co.uk

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Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

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Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

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NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk

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Register your s.13 notices – NearlyLegal

Posted August 4th, 2014 in amendments, appeals, enfranchisement, housing, leases, news by sally

‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’

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NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

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Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Planning inspector dismisses developer’s appeal against affordable housing requirement – OUT-LAW.com

Posted August 1st, 2014 in appeals, housing, news, planning by sally

‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

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Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin);  [2014] WLR (D)  347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Local authority’s ‘benefit tourism’ rule discriminated against residents – The Guardian

‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’

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The Guardian, 30th July 2014

Source: www.guardian.co.uk

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McDonald and others v McDonald – WLR Daily

Posted July 25th, 2014 in housing, human rights, law reports, mortgages, proportionality, repossession by tracey

McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

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Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

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NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

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Bad reviews and a future of bunk beds – NearlyLegal

Posted July 1st, 2014 in appeals, homelessness, housing, judgments, news by sally

‘This second appeal to the Court of Appeal from a s.204 Housing Act 1996 appeal raises three important questions. Unfortunately, the answers to them are rather brief and rather negative. The issues are i) whether a s.202 review of a s.184 decision can come to a finding which is substantially worse for the applicant that the original s.184 decision; ii) whether a review officer should conduct a hazard assessment (Housing Act 2004) when considering whether it is reasonable for an applicant to occupy their accommodation; and iii) how far should a review officer look to the future when considering whether the applicant is homeless.’

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NearlyLegal, 30th June 2014

Source: www.nearlylegal.co.uk

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High Court upholds refusal of residential consent at site designated for mixed-use scheme – OUT-LAW.com

Posted July 1st, 2014 in housing, local government, news, planning by sally

‘A High Court judge has upheld Reading Council’s decision to refuse consent for a plan to build a residential development on a site designated in local planning documents for a mixed-use scheme.’

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OUT-LAW.com, 30th June 2014

Source: www.out-law.com

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Homeless review officer can substitute less favourable decision: Court of Appeal – Local Government Lawyer

Posted June 30th, 2014 in appeals, homelessness, housing, local government, news by sally

‘A local authority’s review officer was entitled to substitute a less favourable decision than the original decision in relation to a homeless applicant because circumstances had changed, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2014

Source: www.localgovernmentlawyer.co.uk

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High Court refuses permission for judicial review of Woolwich affordable housing reduction – OUT-LAW.com

Posted June 30th, 2014 in appeals, housing, judicial review, local government, news, planning by sally

‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’

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OUT-LAW.com, 27th June 2014

Source: www.out-law.com

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