Homeless duties, human rights and suitability decisions – Nearly Legal

‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’

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Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

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Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by tracey

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

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Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

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Landlord Fergus Wilson facing legal action – BBC News

‘The Equality and Human Rights Commission (EHRC) has applied for an injunction against Fergus Wilson.’

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BBC News, 17th May 2017

Source: www.bbc.co.uk

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The equity of exoneration reconsidered: Williams v Onyearu [2017] EWCA Civ 268 – Hardwicke Chambers

Posted May 16th, 2017 in appeals, equity, housing, matrimonial home, news by sally

‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’

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Hardwicke Chambers, 9th May 2017

Source: www.hardwicke.co.uk

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Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers

‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’

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Arden Chambers, 10th May 2017

Source: www.ardenchambers.com

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A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal

‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’

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Nearly Legal, 14th May 2017

Source: www.nearlylegal.co.uk

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Planning decision of Communities Secretary quashed over “complete volte face” – Local Government Lawyer

Posted May 15th, 2017 in horse racing, housing, local government, news, planning by sally

‘The Communities Secretary performed “a complete and unexplained volte face” in his assessment of the highways impacts of two proposals for development on the same site in Newmarket, a Planning Court judge has ruled.’

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Local Government Lawyer, 12th May 2017

Source: www.localgovernmentlawyer.co.uk

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Supreme Court hands down key ruling over meaning of planning framework – Local Government Lawyer

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Two local authorities have lost appeals today to the Supreme Court, although judges did back the councils’ interpretation of a key part of the National Planning Policy Framework (NPPF).’

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Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

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Supreme Court favours narrow interpretation of ‘relevant policies for supply of housing’ – OUT-LAW.com

Posted May 12th, 2017 in housing, local government, news, planning, Supreme Court by sally

‘Only those local planning policies dealing with housing-specific questions, such as numbers and distribution of housing, will be deemed out of date in the absence of a five year supply of deliverable sites for housing in a particular area, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th May 2017

Source: www.out-law.com

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Supreme and Strasbourg Courts square off on Art. 6 and housing – UK Human Rights Blog

Posted May 11th, 2017 in homelessness, housing, human rights, local government, mental health, news by tracey

‘Poshteh v Royal Borough of Kensington & Chelsea S [2017] UKSC 36, 10 May 2017. For the last 15 years, whether the right of the homeless to suitable council accommodation is an Art.6(1) ECHR civil right has been argued over in the courts. And the question arose again in today’s judgment of the Supreme Court.’

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UK Human Rights Blog, 10th May 2017

Source: www.ukhumanrightsblog.com

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Supreme Court backs decision of reviewing officer over accommodation offer – Local Government Lawyer

‘The Supreme Court has upheld a reviewing officer’s decision that it was reasonable for a refugee to accept an offer of accommodation which she claimed reminded her of prison in Iran.’

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Local Government Lawyer, 10th May 2017

Source: www.localgovernmentlawyer.co.uk

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Supreme Court denies councils’ appeals in housing policy case – Law Society’s Gazette

Posted May 11th, 2017 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court has dismissed appeals by two local authorities in a case that centres on the wording of the government’s 2012 National Planning Policy Framework (NPPF).’

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Law Society’s Gazette, 11th May 2017

Source: www.lawgazette.co.uk

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Supreme Court to rule this week on Article 6 and housing decisions – Local Government Lawyer

Posted May 9th, 2017 in appeals, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court will this week hand down a key ruling on whether Article 6 of the European Convention on Human Rights, the right to a fair hearing, applies to decisions on entitlement under Part V of the Housing Act 1996.’

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Local Government Lawyer, 8th May 2017

Source: www.localgovernmentlawyer.co.uk

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The Tribunal unleashed – Nearly Legal

Posted April 28th, 2017 in appeals, benefits, housing, human rights, news, regulations by tracey

‘This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal.’

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Nearly Legal, 27th April 2017

Source: www.nearlylegal.co.uk/blog/

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The Tribunal’s enforcer – Nearly Legal

Posted April 27th, 2017 in enforcement, housing, injunctions, news, tribunals by sally

‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’

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Nearly Legal, 26th April 2017

Source: www.nearlylegal.co.uk

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Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

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Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk

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Court rules woman can keep her red and white striped townhouse – The Guardian

Posted April 25th, 2017 in appeals, freedom of expression, housing, London, news, planning by sally

‘A woman who angered her neighbours by decorating her multimillion-pound townhouse with red and white stripes can ignore a planning order to repaint the property, the high court has ruled.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

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Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

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Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

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Water and youth – Nearly Legal

Posted April 18th, 2017 in housing, landlord & tenant, local government, news, rent, water, young persons by sally

‘First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the Council agreeing to repay overcharged water rates for the period 2001-2013 to the tenants. (Our thanks to Serdar Celebi, Cambridge House Law Centre and Tim Baldwin, Garden Court Chambers for the note).’

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Nearly Legal, 16th April 2017

Source: www.nearlylegal.co.uk

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‘Duty of care’ – Not in housing allocation – Nearly Legal

Posted April 12th, 2017 in duty of care, housing, news, statutory duty by sally

‘Many of you, I suspect, will be like me – you hear from clients, prospective clients, tenants etc., on a very frequent basis that in making a housing decision, or indeed in not making it, the council or housing association has ‘breached its duty of care’ to them.’

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Nearly Legal, 11th April 2017

Source: www.nearlylegal.co.uk

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