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.’

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Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

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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.’

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Local Government Lawyer, 24th June 2015

Source: www.localgovernmentlawyer.co.uk

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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.’

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Nearly Legal, 22nd June 2015

Source: www.nearlylegal.co.uk

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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.’

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Nearly Legal, 21st June 2015

Source: www.nearlylegal.co.uk

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An inconvenient problem – Nearly Legal

Posted June 12th, 2015 in benefits, homelessness, housing, local government, news, rent by sally

‘This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing.’

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Nearly Legal, 10th June 2015

Source: www.nearlylegal.co.uk

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Doctor’s wife loses £3.2m home after ‘on-the-cheap divorce went wrong’ – Daily Telegraph

Posted June 11th, 2015 in benefits, divorce, housing, news, solicitors by sally

‘An attempt to settle a divorce cheaply backfired leaving Norma Wilson having to live a one-bed council flat.’

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Daily Telegraph, 10th June 2015

Source: www.telegraph.co.uk

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Dear Occupier – Nearly Legal

Posted June 9th, 2015 in costs, housing, land registration, mortgages, news, rent by tracey

‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’

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Nearly Legal, 8th June 0215

Source: www.nearlylegal.co.uk

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Plans for £80m London mega-mansion rejected after six-year battle – The Guardian

Posted June 9th, 2015 in housing, London, news, planning by tracey

‘Designs for the latest London mega-mansion for billionaire owners have been rejected after a six-year planning battle because of their “palatial scale” and the substantial harm they would cause to London’s heritage, following a campaign backed by former Monty Python star Terry Gilliam.’

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The Guardian, 8th June 2015

Source: www.guardian.co.uk

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Johnston v Westminster City Council – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238

‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’

WLR Daily, 3rd June 2015

Source: www.iclr.co.uk

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Why cracking up isn’t a laughing matter! – New Law Journal

Posted June 3rd, 2015 in environmental health, housing, insurance, news, repairs by sally

‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
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New Law Journal, 29th May 2015

Source: www.newlawjournal.co.uk

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Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

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What’s the Din? The Supremes’ Cut – Nearly Legal

Posted May 22nd, 2015 in homelessness, housing, news, Supreme Court by sally

‘Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted CA decisions. Haile, on the other hand, attempts to steer a line between accepting the jurisprudence on intentionality but distinguishing it on a narrow basis (Lord Reed, with whom Lord Neuberger, Lady Hale and Lord Clarke agreed – Lord Neuberger, in the majority, doing so with hesitation, at [79]; Lord Carnwath dissenting). Johnson/Hotak/Kanu will involve reworking vulnerability decisions and will undoubtedly provoke further litigation on the SC test. In theory, at least, Haile should not involve any great difference or require reworking; but, as I will try to explain, its consequences may well reverberate just as much as Johnson et al. Indeed, despite the best intentions of the majority, I think further litigation is almost inevitably the outcome.’

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Nearly Legal, 21st May 2015

Source: www.nearlylegal.co.uk

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Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Posted May 20th, 2015 in homelessness, housing, local government, news, statutory duty by sally

‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

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A home without a household – Nearly Legal

Posted May 20th, 2015 in benefits, children, housing, news, residence orders by sally

‘In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of ‘shared care’ families for bedroom tax purposes. In short, the child’s only ‘home’ was with the person receiving child benefit. It may yet turn out to be significant that that decision was not the result of an argued hearing, only the DWP turning up.’

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Nearly Legal, 19th May 2015

Source: www.nearlylegal.co.uk

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Family reunited after housing battle led to homelessness and separation – The Guardian

Posted May 20th, 2015 in benefits, budgets, homelessness, housing, news by sally

‘Titina Nzolameso on her successful fight to be rehoused after the benefits cap left her homeless and her children being taken into care, and the impact this could have on similar cases.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

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A blind eye to Nelson – Nearly Legal

Posted May 14th, 2015 in benefits, housing, news, social services, tribunals by tracey

‘A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be stuck with the bedroom tax for the next 5 years at least, this is the landscape unless the Supreme Court does something dramatic in MA & Ors.’

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Nearly Legal, 12th May 2015

Source: www.nearlylegal.co.uk

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Local authority prosecutes housing association tenant for unlawful subletting – Local Government Lawyer

Posted May 13th, 2015 in benefits, fraud, housing, landlord & tenant, local government, news by tracey

‘Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.’

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Local Government Lawyer, 12th May 2015

Source: www.localgovernmentlawyer.co.uk

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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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