At last: MoJ announces timetable for LASPO review – Law society’s Gazette

Posted January 19th, 2017 in housing, law centres, legal aid, news by tracey

‘The government has set the ball rolling on the long-awaited review of its controversial legal aid reforms, the Ministry of Justice has announced.’

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Law Society’s Gazette, 18th January 2017

Source: www.lawgazette.co.uk

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What Westminster did next. Sending the homeless to Coventry – Nearly Legal

Posted January 18th, 2017 in homelessness, housing, local government, news by sally

‘As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households.’

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Nearly Legal, 16th January 2017

Source: www.nearlylegal.co.uk

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‘I should have been a tenant’ – more on Bristol property guardians – Nearly Legal

Posted January 16th, 2017 in housing, landlord & tenant, licensing, news by sally

‘As far as property guardians go, all the action seems to be taking place in Bristol. As well as the issues (and possession claim) noted here, there is a separate possession claim going on, with Camelot seeking possession against Greg Roynon, who was also living in one of the former nursing homes.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer

Posted January 16th, 2017 in children, housing, judges, judicial review, local government, news by sally

‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’

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Local Government Lawyer, 13th January 2017

Source: www.localgovernmentlawyer.co.uk

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Thousands left homeless by shortage of legal aid lawyers, say charities – The Guardian

‘Thousands of people are being made homeless every year because they cannot find lawyers to help them resist eviction, charities are warning.’

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The Guardian, 18th December 2016

Source: www.guardian.co.uk

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Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

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New legal aid ‘advice deserts’ emerge – Law Society’s Gazette

Posted December 12th, 2016 in housing, law centres, law firms, legal aid, news by sally

‘Further evidence of the problem of legal aid ‘advice deserts’ has emerged with a new government attempt to plug holes in the provision of housing and debt services.’

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Law Society’s Gazette, 9th December 2016

Source: www.lawgazette.co.uk

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Housing benefit – Local Government Law

Posted December 8th, 2016 in appeals, benefits, housing, local government, news, social security, tribunals by tracey

‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’

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Local Government Law, 5th December 2016

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

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Tribunal: ‘public interest’ need for social housing justified breach of covenant – OUT-LAW.com

‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’

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OUt-LAW.com, 6th December 2016

Source: www.out-law.com

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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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