The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

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NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

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Ending flexible tenancies – a reminder – NearlyLegal

Posted February 25th, 2015 in costs, forfeiture, housing, landlord & tenant, news by sally

‘We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather than the end of the term and non-renewal of the flexible tenancy) would be starting to happen. I haven’t seen any yet, but my local boroughs don’t have flexible tenancies.’

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NearlyLegal, 24th February 2015

Source: www.nearlylegal.co.uk

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Southwark gatekeeping: All of the wrong – NearlyLegal

Posted February 23rd, 2015 in homelessness, housing, judicial review, local government, news, public interest by sally

‘Courtesy of Hansen Palomares Solicitors comes news of this settled Judicial Review of LB Southwark’s gatekeeping practices on homeless applications. It appears, to put it mildly, that Southwark have had a range of what should have been obviously unlawful policies on homeless applications, and even put them into leaflets and their website.’

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NearlyLegal, 22nd February 2015

Source: www.nearlylegal.co.uk

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Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 19th, 2015 in appeals, benefits, carers, EC law, housing, law reports, regulations, social security by sally

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others [2015] EWCA Civ 49; [2015] WLR (D) 61

‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

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NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

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Landlords shunning foreigners because of their accents, after new rules preventing illegal migrants from renting – The Independent

‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’

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The Independent, 15th February 2015

Source: www.independent.co.uk

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Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

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Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

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Council wins appeal in lead case on bedroom tax and shared residence of child – Local Government Lawyer

Posted February 10th, 2015 in appeals, housing, local government, news, residence orders, taxation, tribunals by sally

‘The Upper Tribunal has upheld a local authority’s appeal in the lead case on the application of the “bedroom tax” to the shared residence of a child.’

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Local Government Lawyer, 10th February 2015

Source: www.localgovernmentlawyer.co.uk

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Lord Justice Lewison and the Return of English – NearlyLegal

Posted February 10th, 2015 in appeals, housing, judges, landlord & tenant, legislation, news by sally

‘I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am thinking here of Spencer v Taylor (which we analysed here), Charalambous v Ng, and now Edwards v Kumarasamy. (our report). All of these are cases that touch primarily on the Private Rented Sector and all of them feature leading judgements by Lewison LJ. These are not of course the only big PRS cases to come from the CoA recently so I am not suggesting that Lewison LJ is the only CoA judge dealing with the PRS (see McDonald v McDonald for example) but he does seem to be getting a healthy majority right now.’

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NearlyLegal, 9th February 2015

Source: www.nearlylegal.co.uk

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Proposed changes to S.21 – NearlyLegal

Posted February 9th, 2015 in bills, housing, landlord & tenant, news, notification, rent, repossession by sally

‘As well as the clauses introducing the retaliatory eviction proposals, the Government’s proposed amendments to the Deregulation Bill would make some other changes to s.21. The effects would be:

No s.21 notice can be served within the first 4 months of the shorthold tenancy, thus ending the all too widespread practice of serving a s.21 at the time the tenancy agreement is signed (though I’d still say that was probably caught by the deposit rules). The proposals also make clear that possession proceedings cannot be begun before 6 months from the start of the tenancy (that disposes of an idea some bright spark landlords had, that it was OK to start proceedings before 6 months so long as the possession order was made after the 6 month date).’

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NearlyLegal, 8th February 2015

Source: www.nearlylegal.co.uk

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Tribunal tells council to disclose redactions from housing viability assessment – Local Government Lawyer

Posted February 6th, 2015 in disclosure, housing, local government, news, planning, tribunals by sally

‘The First-tier Tribunal has ordered a London council to disclose redacted information in a viability assessment that led to the authority allowing a developer to vary the amount of affordable housing on a major site.’

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Local Government Lawyer, 6th February 2015

Source: www.localgovernmentlawyer.co.uk

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Supreme Court to hear appeal over offer of accommodation 50 miles away – Local Government Lawyer

Posted February 5th, 2015 in appeals, homelessness, housing, news, Supreme Court by sally

‘The Supreme Court has given a homeless mother of five permission to appeal a ruling that upheld a London borough’s offer of accommodation near Milton Keynes.’

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Local Government Lawyer, 4th February 2015

Source: www.localgovernment.co.uk

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Nuisance and reasonable steps – NearlyLegal

Posted February 5th, 2015 in appeals, housing, news, nuisance by sally

‘Ms Y is the leaseholder of a flat below that of Mrs & Mr Shakeshaft, who had a tenant in theirs. There had been repeated leaks, and floods, into Ms Y’s flat over a period of 4 years or so, originating in the Shakeshaft’s flat above and causing considerable damage. Ms Y had brought a claim which, by the time it reached trial at first instance, was purely a claim in nuisance against Mrs & Mr S for the water originating in their flat.’

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NearlyLegal, 4th February 2015

Source: www.nearlylegal.co.uk

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Babes out of the Forest – NearlyLegal

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

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NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

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Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by tracey

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

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Unnoticed – NearlyLegal

Posted January 29th, 2015 in appeals, easements, housing, landlord & tenant, news, repairs by sally

‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’

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NearlyLegal, 28th January 2015

Source: www.nearlylegal.co.uk

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Hussain v Waltham Forest London Borough Council – WLR Daily

Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21

‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

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Qualification criteria and allocations: An outlier? – NearlyLegal

Posted January 27th, 2015 in appeals, housing, local government, news, time limits by sally

‘In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for three years and, for those already registered, to have two and a half years. It was argued by the council that there was no “exceptional circumstances” get-out clause, because, apparently, the council “wanted clear rules that left no room for doubt about whether an individual qualified in the first place”. Now, like Ms Hillsden’s counsel (Jan Luba and Bethan Harris), I would have said that whole criterion was a real problem – indeed, our past notes on this precise issue have argued this too. So, fair play to Epping – how did they win? Will it survive an appeal?’

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NearlyLegal, 24th January 2015

Source: www.nearlylegal.co.uk

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Asking for relief – NearlyLegal

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

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NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

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Hot, hot, hot – NearlyLegal

Posted January 12th, 2015 in appeals, benefits, housing, landlord & tenant, local government, news, tribunals by sally

‘Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot.’

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NearlyLegal, 11th January 2015

Source: www.nearlylegal.co.uk

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