High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers

Posted December 1st, 2016 in appeals, housing, news, planning by sally

‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’

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No. 5 Chambers, 18th November 2016

Source: www.no5.com

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Known unknowns – Considering disability in homelessness – Nearly Legal

Posted November 29th, 2016 in appeals, autism, children, disabled persons, housing, local government, news by sally

‘In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act 1996 had not previously required, i.e. where the applicant had not raised the issue but the reviewing officer was on notice that there was a possibility that the applicant’s disability would be relevant. This second appeal concerned the nature and extent of those inquiries.’

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Nearly Legal, 27th November 2016

Source: www.nearlylegal.co.uk

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In residence – New Law Journal

Posted November 22nd, 2016 in covenants, hotels, housing, leases, news, rent, tribunals by sally

‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

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High Court rules second homes ban in St Ives will remain – BBC News

Posted November 11th, 2016 in housing, local government, news, planning, referendums by tracey

‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’

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BBC News, 10th November 2016

Source: www.bbc.co.uk

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With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

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Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

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Families win supreme court appeals over ‘unfair’ bedroom tax – The Guardian

‘Two families who claimed that the bedroom tax, which restricts housing subsidies, was unfair have won their appeals against the UK government at the supreme court.’

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The Guardian, 9th November 2016

Source: www.guardian.co.uk

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Second (non-) succession – Nearly Legal

Posted November 7th, 2016 in housing, landlord & tenant, local government, news, succession by sally

‘In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental health problems, including anxiety, panic attacks and depression following his grandmother’s death in 2009. There had already been a statutory succession to Mr Holley’s grandfather, so Mr Holley was, “in the rather antiquated private law jargon”, a trespasser. The judge made a possession order on the basis that there were no seriously arguable defences under Articles 8 and 14.’

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Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk

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Prisons in England and Wales get boost of 2,500 new staff to tackle violence -The Guardian

‘An extra 2,500 frontline prison staff are to be recruited to tackle soaring levels of gang violence, drug abuse and attacks on staff and inmates inside prisons across England and Wales, the justice secretary is to announce.’

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The Guardian, 2nd November 2016

Source: www.guardian.co.uk

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Homeless Reduction Bill – part 2 – Nearly Legal

Posted October 27th, 2016 in bills, homelessness, housing, local government, news, Wales by sally

‘After my rantette about clause 1 of the Homeless Reduction Bill as published for second reading, it is time to turn to the substance of the Bill in terms of new duties and so on. And, some drafting issues aside, these are broadly positive.’

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Nearly Legal, 26th October 2016

Source: www.nearlylegal.co.uk

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Reducing the Homelessness Reduction Bill. Part 1 – Nearly Legal

Posted October 26th, 2016 in bills, homelessness, housing, news by sally

‘Monday’s big news was the Govt announcement that it will support the Homelessness Reduction Bill – Bob Blackman MP’s private members bill, due for second reading on 28 October. But exactly what is it that the Govt is supporting?’

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Nearly Legal, 25th October 2016

Source: www.nearlylegal.co.uk

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Crackdown on rogue landlords to include new minimum bedroom size – The Guardian

Posted October 18th, 2016 in housing, landlord & tenant, licensing, news by sally

‘A new minimum bedroom size and the extension of licensing to thousands more properties are to form part of a government crackdown on rogue landlords who cram tenants into overcrowded homes.’

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The Guardian, 18th October 2016

Source: www.guardian.co.uk

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Time, distance & suitability – Nearly Legal

Posted October 10th, 2016 in children, domestic violence, families, housing, local government, news by sally

‘Tower Hamlets owed Ms B, and her four children then aged 10, 8, 3 and 2, the full housing duty. She had moved to the borough to stay at a refuge in September 2013, following long term domestic violence, and the children had begun school in the borough in October 2013. One of the children had a diagnosis of severe ADHD.’

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Nearly Legal, 9th October 2016

Source: www.nearlylegal.co.uk

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Homeless eligibility amends and deposit discretions – Nearly Legal

‘The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless assistance is confirmed. A number of appeals have been stayed pending the regulations, which should now be resolved.’

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Nearly Legal, 3rd October 2016

Source: www.nearlylegal.co.uk

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Prisoner resettlement scheme raises concerns – BBC News

Posted October 4th, 2016 in employment, housing, news, prisons, probation, recidivists by sally

‘A flagship government policy to support and supervise inmates leaving jail has been severely criticised by inspectors.’

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BBC News, 4th October 2016

Source: www.bbc.co.uk

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We eat ham and jam and spam a lot – Nearly Legal

Posted September 27th, 2016 in enforcement, housing, news, notification, threatening behaviour by sally

‘Property guardian companies. Just when you think that most of the firms involved have managed some form of legality around their possession and eviction practices, they go and disappoint you.’
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Nearly Legal, 26th September 2016

Source: www.nearlylegal.co.uk

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Vulnerability, ‘significantly’ and equality duties – Nearly Legal

Posted September 26th, 2016 in disabled persons, equality, housing, local government, mental health, news by sally

‘This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. In this appeal, the particular issues were whether the Public Sector Equality Duty (PSED) had been complied with, and then the approach to ‘significantly more vulnerable’.’

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Nearly Legal, 25th September 2016

Source: www.nearlylegal.co.uk

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Housing shortage means many women ‘feel safer behind bars’ – BBC News

Posted September 22nd, 2016 in housing, landlord & tenant, news, prisons, probation, release on licence, reports, women by sally

‘A former inmate has told the BBC many women feel “safer in prison” due to a lack of suitable housing for female ex-offenders.’

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BBC News, 22nd September 2016

Source: www.bbc.co.uk

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Right to be Forgotten? – Nearly Legal

Posted September 20th, 2016 in appeals, causation, homelessness, housing, news by tracey

‘When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten about by the council following a final decision on their application.’

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Nearly Legal, 18th September 2016

Source: www.nearlylegal.co.uk/blog/

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Men sentenced over illegal supply of migrant workers in East Anglia – The Guardian

‘Two brothers who acted as illegal gangmasters in Wisbech have been given two-year prison sentences suspended for two years at Cambridge crown court.’

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The Guardian, 13th September 2016

Source: www.guardian.co.uk

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Housing applicant wins challenge after accepting offer ‘under protest’ – Local Government Lawyer

Posted September 13th, 2016 in homelessness, housing, local government, news by sally

‘The London Borough of Brent was perverse to characterise acceptance while seeking review as refusal in a homelessness case.’

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Local Government Lawyer, 13th September 2016

Source: www.localgovernmentlawyer.co.uk

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