Homes seized from landlord after complaints ignored – BBC News
‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’
BBC News, 28th August 2024
Source: www.bbc.co.uk
Category: housing
Council to pay family more than £5k after placing them in B&B accommodation for six months – Local Government Lawyer
‘The Local Government and Social Care Ombudsman (LGSCO) has found that Birmingham City Council failed to provide suitable accommodation to a family placed in bed and breakfast (B&B) accommodation for more than 26 weeks, 20 weeks over the maximum time such accommodation can be used for homeless applicants with dependent children.’
Local Government Lawyer, 22nd August 2024
Source: www.localgovernmentlawyer.co.uk
Weighty matters – Local Government Lawyer
‘The High Court recently addressed a wide range of substantive and procedural issues in planning law in a combined judgment on two claims for statutory review. Robert Williams, Wayne Beglan and Olivia Davies look at the lessons to be learned.’
Local Government Lawyer, 23rd August 2024
Source: www.localgovernmentlawyer.co.uk
Jurisdiction of the FTT on referrals of rent increases. – Nearly Legal
‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’
Nearly Legal, 19th August 2024
Source: nearlylegal.co.uk
Too soon? Prescribed information before a deposit taken – Nearly Legal
‘Siddeeq v Alaian. K00BF465 County Court at Mayor’s and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to arguments over the deposit prescribed information. The key question was whether information given by the landlord could be ‘prescribed information’ in relation to the deposit if it was given to the tenant before the deposit was paid.’
Nearly Legal, 13th August 2024
Source: nearlylegal.co.uk
Supreme Court dismisses appeal over transfer of management rights in student accommodation dispute – Law Society’s Gazette
‘The Supreme Court has unanimously dismissed an appeal finding failure to serve a claim notice on a landlord did not invalidate the transfer of the right to take over management of a block of student flats.’
Law Society's Gazette, 16th August 2024
Source: www.lawgazette.co.uk
Strict duties under the DPA: does the decision in Vainker v Marbank bring us any closer to getting a firm answer on this? – Gatehouse Chambers
‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’
Gatehouse Chambers, 22nd July 2024
Source: gatehouselaw.co.uk
Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer
‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’
Local Government Lawyer, 15th August 2024
Source: www.localgovernmentlawyer.co.uk
Suitable accommodation under section 190 Housing Act 1996 – Nearly Legal
‘ZRR, R (On the Application Of) v London Borough of Bexley (2024) EWHC 2073 (Admin). This was a judicial review of Bexley’s contention that temporary accommodation offered to ZRR under s.190 Housing Act 1996 was suitable and its duty was discharged when ZRR refused that accommodation.’
Nearly Legal, 11th August 2024
Source: nearlylegal.co.uk
Repossession claims in England and Wales at highest in five years – The Guardianship
‘The number of claims made by banks and landlords to repossess homes in England and Wales has reached the highest level in five years as households struggle with higher borrowing costs.’
The Guardian, 8th August 2024
Source: www.theguardian.com
Personalisation under the Homelessness Reduction Act 2017: how personal are personal housing plans? – Journal of Social Welfare and Family Law
‘This article explores the personalisation of homelessness services in the context of the Homelessness Reduction Act 2017. This ambitious piece of legislative reform introduced requirements on local housing authorities in England to assess an individual’s circumstances and develop personalised housing plans for people experiencing homelessness (s.3 HRA 2017, inserting s.189A Housing Act 1996). This article analyses research data (including 26 interviews) collected in 2018–2019 from ethnographic studies completed in two local authorities in the Midlands, across a period of four months in each site. Exploring the implementation of personalised housing plans in practice, this article investigates barriers to the application of the personalisation narrative, finding it operates as a tool of neoliberal governance rather than one of social justice. It asserts that if personalisation has the potential for more satisfactory and sustainable outcomes in preventing and relieving homelessness, then the inability for this narrative to manifest suggests the goal of the HRA 2017 in “reducing homelessness” is being hampered.’
Journal of Social Welfare and Family Law, 27th July 2024
Source: www.tandfonline.com
Deputy High Court judge gives reasons for granting interim injunctions against occupants of boats trespassing on land needed for regeneration project – Local Government Lawyer
‘The London Borough of Enfield has secured interim injunctions against the occupants of boats and land on the River Lea who it has claimed obstruct progress on a £6bn development of 10,000 homes.’
Local Government Lawyer, 8th August 2024
Source: www.localgovernmentlawyer.co.uk
Housing case law update – June & July 2024 – Local Government Lawyer
‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
Public disorder and possession – Local Government Lawyer
‘Andy Moore reviews the tools available to tackle anti-social behaviour, considering in particular the grounds for possession that can be used to deal with serious public disorder.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
Upper Tribunal hands down ruling on issuing landlords with improvement notices amid uncertainty over hazards – Local Government Lawyer
‘The Upper Tribunal (Lands Chamber) has been asked to decide whether a local authority should serve an improvement notice on the owner of a house in multiple occupation if there is doubt about whether a hazard exists.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
Housing Need Assessments and Suitability – Getting it wrong. Again – Nearly Legal
‘UO v London Borough of Redbridge (2024) EWHC 1989 (Admin). We first saw UO and Redbridge in this judicial review of an unlawful housing needs assessment (HNA) and suitability decision. That decision was, to say the least, scathing about Redbridge’s decision making. So it is perhaps a surprise to see a further judicial review of Redbridge’s further HNA(s) and a suitability decision as to out of borough accommodation, not least because this judicial review decision includes judicial comment on Redbridge failing to take account of the evidence and findings in the previous JR. But that is what this is.’
Nearly Legal, 4th August 2024
Source: nearlylegal.co.uk
Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal
‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’
Nearly Legal, 28th July 2024
Source: nearlylegal.co.uk
The (Shifting) Audience of Energy Law – King’s Law Journal
‘Energy is key to our climate goals, our economy and our everyday lives: from the electricity that is now powering your laptop, the stove that cooks your food, to the energy used by the factory that has produced your shoes. Energy prices in the UK rose dramatically between 2021 and 2023, increasing the strain on household-level and public costs.’
King's Law Journal, 28th July 2024
Source: www.tandfonline.com
Statutory homelessness (England): Causes and government policy – House of Commons Library
‘Outlines the main drivers of homelessness and summarises the UK Government’s approach to tackling homelessness in England, including stakeholder views and comment.’
House of Commons Library, 30th July 2024
Source: commonslibrary.parliament.uk
Statutory homelessness (England): The legal framework and performance – House of Commons Library
‘An overview of the legal framework for statutory homelessness support in England and how local authorities are delivering these duties. The briefing also summarises official homelessness statistics.’
House of Commons Library, 30th July 2024
Source: commonslibrary.parliament.uk
