Making sense of deposits. Nearly. – Nearly Legal

Posted August 25th, 2015 in deposits, housing, landlord & tenant, news, penalties by sally

‘It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants.’
Full story

Nearly Legal, 24th August 2015

Source: www.nearlylegal.co.uk

Comments Off on Making sense of deposits. Nearly. – Nearly Legal

Regina (West Berkshire District Council and another) v Department for Communities and Local Government – WLR Daily

Posted August 21st, 2015 in consultations, housing, judicial review, law reports, local government, planning by sally

Regina (West Berkshire District Council and another) v Department for Communities and Local Government[2015] EWHC 2222 (Admin); [2015] WLR (D) 367

‘The Government’s decision, announced by way of written ministerial statement and effected by amending National Planning Practice Guidance, to make alterations to the national policy for the provision of affordable housing, was unlawful.’

WLR Daily, 3rd July 2015

Source: www.iclr.co.uk

Comments Off on Regina (West Berkshire District Council and another) v Department for Communities and Local Government – WLR Daily

Domestic violence victim wins legal action over borough residency requirement – Local Government Lawyer

Posted August 14th, 2015 in domestic violence, families, housing, judicial review, local government, news by tracey

‘A London borough’s revised housing allocations policy was unlawful, a High Court judge has ruled following a judicial review challenge by a victim of domestic violence to the application of a five-year residency requirement.’

Full story

Local Govenment Lawyer, 10th August 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on Domestic violence victim wins legal action over borough residency requirement – Local Government Lawyer

How Voluntary is Voluntary Accommodation? – Family Law Week

Posted August 14th, 2015 in children, housing, local government, news, parental responsibility by tracey

‘Leah Pitt, pupil barrister, 2 King’s Bench Walk, considers the latest developments in the use of agreements under section 20 of the Children Act 1989.’

Full story

Family Law Week, 13th August 2015

Source: www.familylawweek.co.uk

Comments Off on How Voluntary is Voluntary Accommodation? – Family Law Week

Wandsworth London Borough Council v Tompkins and another – WLR Daily

Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357

‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’

WLR Daily, 31st August 2015

Source: www.iclr.co.uk

Comments Off on Wandsworth London Borough Council v Tompkins and another – WLR Daily

Wherever I lay my hat… Residence tests for allocation policies – Nearly Legal

Posted August 11th, 2015 in domestic violence, homelessness, housing, local government, news by sally

‘This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies.’

Full story

Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

Comments Off on Wherever I lay my hat… Residence tests for allocation policies – Nearly Legal

Court overturns relaxed planning requirements for smaller English housing sites – OUT-LAW.com

Posted August 10th, 2015 in appeals, codes of practice, equality, housing, local government, news, planning by sally

‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’

Full story

OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Comments Off on Court overturns relaxed planning requirements for smaller English housing sites – OUT-LAW.com

Councils win battle over threshold on developments and s.106 agreements – Local Government Lawyer

Posted August 7th, 2015 in housing, local government, news, planning by tracey

‘Two councils have won a High Court challenge over Government proposals for a threshold on the size of developments beneath which planning authorities should not seek affordable housing contributions through section 106 agreements.’

Full story

Local Government Lawyer, 3rd August 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on Councils win battle over threshold on developments and s.106 agreements – Local Government Lawyer

The Something Must Be Done Bill, Calais edition – Nearly Legal

Posted August 4th, 2015 in housing, human rights, immigration, landlord & tenant, news by sally

‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
Full story

Nearly Legal, 3rd August 2015

Source: www.nearlylegal.co.uk

Comments Off on The Something Must Be Done Bill, Calais edition – Nearly Legal

Subjective suitability – Nearly Legal

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

Full story

Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

Comments Off on Subjective suitability – Nearly Legal

Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

Full story

Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

Comments Off on Bedroom Tax and separated families – UT again – Nearly Legal

Illegal immigrants to UK face eviction without court order under new plans – The Guardian

Posted August 3rd, 2015 in asylum, benefits, bills, housing, immigration, landlord & tenant, news, proceeds of crime by sally

‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’

Full story

The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Comments Off on Illegal immigrants to UK face eviction without court order under new plans – The Guardian

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’

Full story

Nearly Legal, 24th July 2015

Source: www.nearlylegal.co.uk

Comments Off on Primary considerations – Nearly Legal

Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Comments Off on Tenants who lack mental capacity to make decisions – Tanfield Chambers

Right-to-buy battle looms in Lords – The Guardian

Posted July 20th, 2015 in bills, budgets, charities, housing, local government, news, parliament, rent, statistics by tracey

‘The Tories’ plan to extend the right to buy to housing association tenants will face stiff opposition in the House of Lords this week, amid growing concern that it will compromise the independence of charities and add hugely to government debt.’

Full story

The Guardian, 18th July 2015

Source: www.guardian.co.uk

Comments Off on Right-to-buy battle looms in Lords – The Guardian

Family Law Week’s Budget Briefing, July 2015 – Family Law Week

‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’

Full story

Family Law Week, 8th July 2015

Source: www.familylawweek.co.uk

Comments Off on Family Law Week’s Budget Briefing, July 2015 – Family Law Week

How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’

Full story

Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

Comments Off on How late it was, how late – Nearly Legal

High Court judge declares part of housing allocation scheme to be unlawful – Local Government Lawyer

Posted June 26th, 2015 in homelessness, housing, local government, news by sally

‘A High Court judge has declared unlawful a London council’s policy of suspending an unintentionally homeless person’s right to bid for social housing for 12 months.’

Full story

Local Government Lawyer, 24th June 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on High Court judge declares part of housing allocation scheme to be unlawful – Local Government Lawyer

Westminster again… – Nearly Legal

Posted June 24th, 2015 in homelessness, housing, local government, news by sally

‘In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. During that period, Westminster would be seeking to find a suitable private rented sector property.’

Full story

Nearly Legal, 22nd June 2015

Source: www.nearlylegal.co.uk

Comments Off on Westminster again… – Nearly Legal

Go away! – Nearly Legal

‘A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority.’

Full story

Nearly Legal, 21st June 2015

Source: www.nearlylegal.co.uk

Comments Off on Go away! – Nearly Legal