Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

Full Story

Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

Full Story

Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

Full Story

Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI – Local Government Lawyer

‘Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.’

Full Story

Local Government Lawyer, 29th November 2019

Source: www.localgovernmentlawyer.co.uk

Homelessness and Offending Rates – An Inextricable Link – Pump Court Chambers

Posted November 28th, 2019 in homelessness, housing, imprisonment, local government, news, probation by sally

‘The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends part VII of the Housing Act 1996 and is arguably the biggest change in homelessness legislation since the Housing
(Homelessness Persons) Act 1977.’

Full Story

Pump Court Chambers, 12th November 2019

Source: www.pumpcourtchambers.com

Suitability when? Review and decision dates – Nearly Legal

Posted November 27th, 2019 in appeals, families, homelessness, housing, local government, news by sally

‘The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review.’

Full Story

Nearly Legal, 26th November 2019

Source: nearlylegal.co.uk

Camden Council obtains first rogue landlord banning order in London – Local Government Lawyer

‘Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.’

Full Story

Local Government Lawyer, 26th November 2019

Source: www.localgovernmentlawyer.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

Full Story

Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Tribunals and human rights – Nearly Legal

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

Full Story

Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Solicitor and ex-councillor jailed for housing fraud – Legal Futures

Posted November 18th, 2019 in disclosure, fraud, housing, local government, news, sentencing, solicitors by sally

‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’

Full Story

Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Spent convictions, underlying conduct and the ‘fit and proper person’ test – Local Government Lawyer

Posted November 14th, 2019 in criminal records, housing, licensing, news by tracey

‘James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the “fit and proper person” test for holding a property licence under the Housing Act 2004.’

Full Story

Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

UK government loses supreme court fight over bedroom tax – The Guardian

Posted November 14th, 2019 in benefits, disabled persons, housing, human rights, news, Supreme Court by tracey

‘The supreme court has ruled against the UK government’s attempts to force the bedroom tax on 155 partners of people with severe disabilities, in a decision that will hamper ministerial attempts to water down human rights legislation.’

Full Story

The Guardian, 13th November 2019

Source: www.theguardian.com

The future for me is already a thing of the past – Nearly Legal

Posted November 13th, 2019 in appeals, costs, housing, landlord & tenant, news, repairs, third parties by sally

‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’

Full Story

Nearly Legal, 12th November 2019

Source: nearlylegal.co.uk

“Bedroom tax” unlawful -Strasbourg Court – UK Human Rights Blog

Posted November 12th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination, women by sally

‘Much may have changed in the political world since the Coalition Government introduced its controversial ‘bedroom tax’, but the legal fall-out from the policy continues. The European Court of Human Rights has delivered its verdict on the compatibility of the scheme with the prohibition on discrimination set out in Article 14 of the European Convention on Human Rights. The Strasbourg Court has found that the policy discriminated unlawfully against women at risk of domestic violence.’

Full Story

UK Human Rights Blog, 12th November 2019

Source: ukhumanrightsblog.com

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

Full Story

Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

Full Story

Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

Full Story

Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud – Local Government Lawyer

Posted November 6th, 2019 in fraud, housing, local government, news, right to buy, sentencing, suspended sentences by sally

‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’

Full Story

Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

London borough defeats Court of Appeal challenge over succession rules – Local Government Lawyer

Posted November 4th, 2019 in housing, landlord & tenant, local government, news, succession by sally

‘The London Borough of Haringey has successfully defended a Court of Appeal challenge over the rules relating to the succession to secure council tenancies.’

Full Story

Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment : Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd (a company registered in the British Virgin Islands) [2019] UKSC 47 – UKSC Blog

Posted November 1st, 2019 in appeals, consent, housing, landlord & tenant, news, planning, Supreme Court by sally

‘This appeal concerned a landlord’s refusal to make a planning application for increased residential use. The tenant challenged this decision on the basis that it was unreasonable. The County Court and the Court of Appeal agreed with the tenant and the landlord appealed to the Supreme Court. The question for the Court was whether the trial judge was right to find the landlord had acted unreasonably in withholding consent.’

Full Story

UKSC Blog, 30th October 2019

Source: ukscblog.com