Mental health trust pays damages over man’s death in tower block fire – The Guardian

Posted September 21st, 2017 in accidents, fire, housing, mental health, news, social services by sally

‘A mental health trust has paid out damages over the case of a man with bipolar disorder and a history of lighting fires who was trapped in a blaze at his cluttered tower block flat.’

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The Guardian, 20th September 2017

Source: www.theguardian.com

An uncaring indifference to wrong and right – Nearly Legal

Posted September 20th, 2017 in homelessness, housing, news, statistics by sally

‘Behind every homelessness statistic sits a story – or, more accurately – 88410 stories. Stories of people fleeing violence or abusive relationships. Stories of people struggling with ill-health and addictions. Stories of care leavers being left to struggle thorough. And, increasingly, stories of people who just can’t afford the rent. Some – the “lucky” or “deserving” few, find their way into temporary accommodation. Some sleep rough. Some turn to prostitution as a way of getting a roof for the night. It is a desperate situation.’

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Nearly Legal, 18th September 2017

Source: nearlylegal.co.uk

Duchy of Cornwall residents fight ‘unfair’ freehold ban – The Guardian

‘Prince Charles’s £1bn Duchy of Cornwall estate is facing a rebellion by residents who claim they are subject to an unfair ban on buying the freeholds to their homes.’

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The Guardian, 11th September 2017

Source: www.theguardian.com

Couple suing previous owners of house claim Facebook post proves they hid a flooding problem – Daily Telegraph

Posted September 4th, 2017 in damages, documents, home information packs, housing, internet, news, rescission, sale of land by sally

‘A couple whose garden has repeatedly flooded are suing the previous owners, claiming a Facebook photograph proves they were aware of the problem but failed to highlight it.’

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Daily Telegraph, 3rd September 2017

Source: www.telegraph.co.uk

Partridge v Gupta – Arden Chambers

Posted August 22nd, 2017 in civil procedure rules, housing, news, notification, repossession by sally

‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’

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Arden Chambers, 15th August 2017

Source: www.ardenchambers.com

Bucknall v Dacorum Borough Council – Arden Chambers

Posted August 22nd, 2017 in housing, local government, news, notification, regulations, repossession by sally

‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’

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Arden Chambers, 10th August 2017

Source: www.ardenchambers.com

JLK Limited v Emmanuel Chiedu Ezekwe (and others) [2017] UKUT 277 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in appeals, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Our House, in the middle of … Ambridge: Rogers v Burns – Tanfield Chambers

Posted August 22nd, 2017 in cohabitation, estoppel, housing, matrimonial home, news by sally

‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’

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Tanfield Chambers, 20th July 2017

Source: www.tanfieldchambers.co.uk

Overcoming the hurdles – Tanfield Chambers

Posted August 21st, 2017 in fire, health & safety, housing, local government, news by sally

‘The recent tragedy at Grenfell Tower in west London has brought into sharp focus the importance of having adequate fire safety in large blocks of flats. There has been much public debate about landlords cutting corners with fire protection or failing to retro-fit sprinklers. There are now calls for landlords to be required to bring older blocks up to modern standards of fire protection. This is an imperative but there are obstacles to achieving it. This article examines the legal and financial hurdles that landlords face in bringing their blocks up to an acceptable standard and proposes legislative reform to bring about the much needed works quickly.’

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Tanfield Chambers, 25th July 2017

Source: www.tanfieldchambers.co.uk

Grenfell Inquiry: terms of reference ‘won’t satisfy government’s legal obligations’ – Law Society’s Gazette

Posted August 16th, 2017 in fire, housing, inquiries, judges, legal aid, London, news by sally

‘Terms of reference for the public inquiry into the Grenfell Tower fire may not satisfy the government’s legal obligations to investigate the full circumstances of the tragedy, lawyers representing some of the victims have warned.’

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Law Society's Gazette, 15th August 2017

Source: www.lawgazette.co.uk

Illegal subletting – an ‘elaborate farrago of lies’ – Nearly Legal

Posted August 15th, 2017 in appeals, benefits, housing, landlord & tenant, news, repossession, social security by sally

‘Ms Afsana Begum and Mr Mohammed Rohim were the joint assured tenants of Poplar Housing from October 2014. The property was a two bed flat. The rent was paid in full by housing benefit. In August 2015, Poplar received a tip off that the property was being sub let. On investigation, Ms B had financial links to another flat nearby, her mother’s.’

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Nearly Legal, 13th August 2017

Source: nearlylegal.co.uk

Dwelling in temporary accommodation – Nearly Legal

Posted August 14th, 2017 in housing, local government, news, repossession, statutory interpretation by sally

‘When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied ‘as a dwelling’ fo the purposes of Section 3 Protection from Eviction Act 1977?’

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Nearly Legal, 13th August 2017

Source: nearlylegal.co.uk

Housing association secures outright possession order on appeal – Local Government Lawyer

Posted August 8th, 2017 in appeals, fraud, housing, local government, news, repossession by sally

‘A housing association has successfully appealed a Recorder’s decision to grant only a suspended order of possession, with the High Court judge concluding that the original ruling was “fatally and demonstrably flawed”.’

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Local Government Lawyer, 8th August 2017

Source: www.localgovernmentlawyer.co.uk

London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

‘The government has announced an independent review of building regulations after tests showed that at least 82 residential high-rises use a combination of insulation and cladding that does not meet fire safety standards.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

Leaseholds on new-build houses in England to be banned – The Guardian

Posted July 25th, 2017 in construction industry, housing, leases, news by sally

‘Builders are to be banned by the government from selling houses as leasehold in England and ground rents on flats could be cut to zero following widespread outrage over exploitative contracts.’

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The Guardian, 25th July 2017

Source: www.theguardian.com

Underfunded and overstretched: the lawyers seeking justice for Grenfell – The Guardian

Posted July 25th, 2017 in bereavement, fire, housing, law centres, legal aid, news, pro bono work, victims by sally

‘North Kensington Law Centre was the first in the UK to offer access to justice for the poor and vulnerable. Now fighting for financial survival, the tragedy on its doorstep has meant NKLC’s services are more in demand than ever.’

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The Guardian, 24th July 2017

Source: www.theguardian.com

Cant Pay – Nearly Legal

‘It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and “Immunity from Treason” notices, and debts of “Trillions of pounds”, and something called an ‘equity lawyer’. Yet here they all are, and more, in what on the face of it was a dispute over annual service charges of about £1200.’

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Nearly Legal, 23rd July 2017

Source: nearlylegal.co.uk

Not looked into enough to be unaware – Nearly Legal

Posted July 12th, 2017 in homelessness, housing, local government, news by sally

‘A second appeal of a homeless decision that Ms T was intentionally homeless, on the issues of whether Ms T’s actions were “an act or omission in good faith on the part of a person who was unaware of any relevant fact” as per s.192(2) Housing Act 1996.’

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Nearly Legal, 11th July 2017

Source: nearlylegal.co.uk

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk