Former housing officer at city council jailed for three years for fraud – Local Government Lawyer

Posted June 28th, 2016 in fraud, homelessness, housing, local government, news, sentencing by sally

‘A former senior housing needs officer at Birmingham City Council has been jailed for three years for fraud.’

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Local Government Lawyer, 27th June 2016

Source: www.localgovernmentlawyer.co.uk

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Supreme Court rejects HRA over private tenancy – Law Society’s Gazette

Posted June 17th, 2016 in compulsory purchase, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’

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Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

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From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

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Is there a human right to the city? Rethinking the politics of rights – OUP Blog

Posted June 9th, 2016 in housing, human rights, local government, news, rent by sally

‘What gives you the right? We are familiar with rights claiming, it comes easily to our lips when we believe we are entitled to something—to respect, to our fair share. Rights are fighting words. We invoke them when we have been wronged, when a situation has become intolerable. Rights claims are a way of fighting for control.’

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OUP Blog, 9th June 2016

Source: www.blog.oup.com

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Neighbours’ fury over London’s longest-running mega-basement dispute – Daily Telegraph

Posted June 7th, 2016 in housing, London, news, planning by tracey

‘London’s longest running mega-basement dispute could last a decade in a row over a £28 million pound Kensington property formerly owned by a fraudster.’

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Daily Telegraph, 6th June 2016

Source: www.telegraph.co.uk

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Deferment Rate Revisited – Tanfield Chambers

Posted June 2nd, 2016 in enfranchisement, housing, leases, news, tribunals, valuation by sally

‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

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Beware of residential rights – Tanfield Chambers

Posted June 2nd, 2016 in housing, landlord & tenant, leases, news by sally

‘With the constant cry for more housing, commercial developers are increasingly including residential flats in their plans. Whether they are converting offices into homes or building new mixed-use schemes, developers must be aware of the raft of rights that residential tenants enjoy which are not available to commercial tenants. With some careful planning, some of these rights can be avoided.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

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Human Rights and Property Litigation: some general concepts – Falcon Chambers

‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’

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Falcon Chambers, May 2016

Source: www.falcon-chambers.com

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And the first shall be last – Nearly Legal

Posted May 31st, 2016 in amendments, housing, landlord & tenant, local government, news by tracey

‘An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch). Three tenancy agreements for the same property, apparently at least partly at the same time, and possession proceedings against someone who was not a tenant under either agreement. Just how was this going to work out.’

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Nearly Legal, 30th May 2016

Source: www.nearlylegal.co.uk

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Got needs that need assessing – Nearly Legal

‘Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin). What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are homeless and eligible, not intentionally homeless, but not in priority need, has tended to amount to little more than the Local Authority handing over a leaflet and/or list of letting agents. But this judicial review, unusually, involves a consideration of fulfilment of the duty.’

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Nearly Legal, 29th May 2016

Source: www.nearlylegal.co.uk

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Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

Posted May 25th, 2016 in appeals, housing, local government, news, tribunals by sally

‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’

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Local Government Lawyer, 23rd May 2016

Source: www.localgovernmentlawyer.co.uk

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Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

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Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

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New drainage guidance for lawyers published – Legal Futures

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

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What happens when you’re deported to Britain? – BBC News

‘A widowed mother-of-five who has lived in Australia for most of her life is facing deportation to the UK. What awaits her when she gets off the plane, asks Claire Bates.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk

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New Act – legislation.gov.uk

Posted May 24th, 2016 in housing, legislation, planning by tracey

Housing and Planning Act 2016

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Civil Justice Council decides against new housing court – Litigation Futures

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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Councils hit back after minister attacks affordable housing policy legal challenge – Local Government Lawyer

Posted May 19th, 2016 in appeals, housing, local government, news, planning by sally

‘The two councils that challenged a Government policy on affordable housing and small-scale sites have defended their decision to bring legal action, after a minister claimed the proceedings were “a total waste of taxpayers’ money”.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk

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Housing and Planning Bill to receive Royal Assent on 12 May – OUT-LAW.com

Posted May 13th, 2016 in bills, housing, local government, news, planning by tracey

‘The UK government’s Housing and Planning Bill has been listed to receive Royal Assent today (12 May).’

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OUT-LAW.com, 12th May 2016

Source: www.out-law.com

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Farmer awarded £1m noise compensation from Stansted airport still waiting for pay-out 17 years later… as white lines haven’t been finished – Daily Telegraph

Posted May 11th, 2016 in airports, compensation, housing, news, noise by sally

‘A farm owner who won £1 million from Stansted because planes flying over his £2 million home slashed its value in half is still waiting for the pay-out 17 years later.’

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Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

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Questions and Answers – Nearly Legal

‘A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided.’

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Nearly Legal, 8th May 2016

Source: www.nearlylegal.co.uk

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