Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph

‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’

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Daily Telegraph, 27th July 2016

Source: www.telegraph.co.uk

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Facing the Facts – Nearly Legal

Posted July 25th, 2016 in homelessness, housing, local government, mental health, news, suicide by sally

‘R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications.’

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Nearly Legal, 25th July 2016

Source: www.nearlylegal.co.uk

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Social landlord wins Civil Injunction Orders against youth and two men – Local Government Lawyer

Posted July 22nd, 2016 in housing, injunctions, news, threatening behaviour by sally

‘Salix Homes has secured three civil injunction orders (CIO) against two men and a youth using legislation under the Anti Social Behaviour Crime and Policing Act 2014.’

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Local Government Lawyer, 22nd July 2016

Source: www.localgovernmentlawyer.co.uk

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Council uses Article 4 direction to evict Asylum seekers in HMO – Local Government Lawyer

Posted July 22nd, 2016 in asylum, housing, local government, news by sally

‘The London Borough of Bexley has ended the unlawful use of a house by a Home Office approved accommodation provider dealing with asylum seekers.’

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Local Government Lawyer, 20th July 2016

Source: www.localgovernmentlawyer.co.uk

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Level of Support – Local Government Law

Posted July 15th, 2016 in children, housing, human rights, local government, news by tracey

‘In R (C, T, M and U) v Southwark LBC (2016) EWCA Civ 707 the claimants challenged the lawfulness of the accommodation and the level of financial support provided by Southwark Council to a family who have no right of recourse to public funds.’

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Local Government Law, 13th July 2016

Source: www.11kbw.com/blogs/local-government-law

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Council “unreasonable” for refusing to accept third application for assistance – Local Government Lawyer

Posted July 15th, 2016 in homelessness, housing, local government, mental health, news by tracey

‘The London Borough of Southwark acted unlawfully when it had refused to accept a third application for homelessness assistance from applicant “JH”, the administrative court has found.’

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Local Government Lawyer, 13th July 2016

Source: www.localgovernmentlawyer.co.uk

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City West Housing Trust v Massey; Manchester and District Housing Association v Roberts – WLR Daily

Posted July 13th, 2016 in appeals, evidence, housing, landlord & tenant, law reports, repossession by sally

City West Housing Trust v Massey; Manchester and District Housing Association v Roberts [2016] EWCA Civ 704

‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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Government alters thresholds for scrutiny of neighbourhood planning appeals – OUT-LAW.com

Posted July 13th, 2016 in appeals, housing, local government, news, planning by sally

‘The UK government has extended its scrutiny of planning appeals involving housing development in neighbourhood planning areas, but the thresholds for the recovery of such appeals have been altered.’

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OUT-LAW.com, 13th July 2016

Source: www.out-law.com

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McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

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Occupation Orders: Are we there yet? – Family Law Week

Posted July 12th, 2016 in domestic violence, domicile, housing, news by sally

‘Kevin Gordon, Pupil Barrister, Coram Chambers explores the courts’ developing approach to the application and granting of occupation orders under section33 (6) and (7) of the Family Law Act 1996 as an updated summary guide to practitioners.’

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Family Law Week, 7th July 2016

Source: www.familylawweek.co.uk

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Sloane Stanley v Mundy and others – Tanfield Chambers

Posted July 12th, 2016 in housing, leases, news, tribunals, valuation by sally

‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’

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Tanfield Chambers, 21st June 2016

Source: www.tanfieldchambers.co.uk

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Management Issues at Mixed-Use Developments – Tanfield Chambers

Posted July 12th, 2016 in consultations, covenants, enfranchisement, housing, leases, news, service charges by sally

‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it and, ultimately, to leaseholders wanting to take control (either by exercising the right to collective enfranchisement or the right to manage).’

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Tanfield Chambers, 10th June 2016

Source: www.tanfieldchambers.co.uk

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Stamp Duty Land Tax – Tanfield Chambers

Posted July 12th, 2016 in enfranchisement, housing, leases, news, stamp duty, taxation by sally

‘Does the 3% second home surcharge apply to statutory lease extensions and enfranchisement under the 1993 and 1967 Acts?’

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Tanfield Chambers, 6th June 2016

Source: www.tanfieldchambers.co.uk

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Divorce settlements open to challenge as lawyers ‘unaware of stamp duty change’ – Daily Telegraph

Posted June 30th, 2016 in appeals, divorce, financial provision, housing, matrimonial home, news, stamp duty by tracey

‘Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split.’

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Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

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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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