Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

Full Story

Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Knotweed: what should the legislators be doing? – Hardwicke Chambers

Posted February 19th, 2019 in environmental health, environmental protection, housing, inquiries, mortgages, news by sally

‘On 22 January 2019 the House of Commons Science & Technology Committee (“STC”) held an inquiry into “Japanese knotweed and the built environment”. It received written submissions from 27 interested parties, ranging from the Law Society and Royal Horticultural Society to companies specialising in the treatment of non-native invasive species and concerned individuals.’

Full Story

Hardwicke Chambers, 11th February 2019

Source: hardwicke.co.uk

How many reviews? – Nearly Legal

Posted February 15th, 2019 in electricity, homelessness, housing, landlord & tenant, local government, news by sally

‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’

Full Story

Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

Full Story

Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Tate Modern wins privacy case brought by owners of £4m flats – The Guardian

Posted February 13th, 2019 in housing, news, privacy by sally

‘One of Tate Modern’s most popular areas, a top-floor terrace that offers spectacular 360-degree views of London, is to remain fully open after neighbours lost a privacy case.’

Full Story

The Guardian, 12th February 2019

Source: www.theguardian.com

Planning appeal decisions could be cut by 5 months – Ministry of Housing, Communities & Local Government

Posted February 12th, 2019 in appeals, delay, housing, planning, press releases, reports by tracey

‘Independent review says the average time to decide a planning appeal inquiry could be slashed from 47 to 26 weeks.’

Full press release

Ministry of Housing, Communities & Local Government , 12th February 2019

Source: www.gov.uk/government/organisations/ministry-of-housing-communities-and-local-government

Judges reject bias claim against Jewish housing association – The Guardian

Posted February 6th, 2019 in bias, equality, housing, Judaism, news, religious discrimination by tracey

‘A row about allocation of scarce housing could be heading for the court of appeal after judges rejected a claim that a housing association broke equality laws with its policy of providing homes only to Orthodox Jews.’

Full Story

The Guardian, 6th February 2019

Source: www.theguardian.com

Single mother takes government to court after being forced into homelessness due to housing benefit shortfall – The Independent

Posted January 31st, 2019 in benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’

Full Story

The Independent, 31st January 2019

Source: www.independent.co.uk

Housing association defeats defence against eviction based on ‘cuckooing’ – Local Government Lawyer

‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’

Full Story

Local Government Lawyer, 24th January 2019

Source: www.localgovernmentlawyer.co.uk

Relevance and homelessness – Nearly Legal

Posted January 23rd, 2019 in homelessness, housing, local government, news by sally

‘Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996. (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting that Sandwell has a review panel (whether officer or councillor-led is not clear from the report), which appears to work by way of meetings; such panels, which were frequently constituted prior to and just after the 1996 Act, are rare these days, reviews being conducted commonly by a single officer.)’

Full Story

Nearly Legal, 21st January 2019

Source: nearlylegal.co.uk

Council pays rogue landlord £500,000 in housing benefit – The Guardian

Posted January 21st, 2019 in benefits, housing, local government, news by tracey

‘A repeatedly convicted landlord, ruled unfit to rent out property in a north London borough in 2015, has since received more than £500,000 in housing benefit payments from the same council that banned him. The discovery that a local authority is directly paying public money to a landlord its own officers describe as “rogue” is the latest example of the ineffective regulations designed to police the private rented sector’s worst offenders.’

Full Story

The Guardian, 20th January 2019

Source: www.theguardian.com

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

Fitness for Habitation – a thumbnail guide – Nearly Legal

Posted January 7th, 2019 in environmental health, housing, news by sally

‘As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018.’

Full Story

Nearly Legal, 21st December 2018

Source: nearlylegal.co.uk

New Acts – legislation.gov.uk

Posted December 21st, 2018 in animal cruelty, civil justice, health, housing, legislation, prisons, social services by tracey

2018 c. 34 – Homes (Fitness for Human Habitation) Act 2018

2018 c. 32 – Prisons (Interference with Wireless Telegraphy) Act 2018

2018 c. 31 – Health and Social Care (National Data Guardian) Act 2018

2018 c. 30 – Ivory Act 2018

2018 c. 29 – Civil Liability Act 2018

Source: www.legislation.gov.uk

Thea Osmund-Smith successful in High Court – No. 5 Chambers

Posted December 12th, 2018 in assets of community value, housing, local government, news, planning by sally

‘Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin).’

Full Story

No. 5 Chambers, 6th December 2018

Source: www.no5.com

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

Full Story

Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square

Posted December 11th, 2018 in construction industry, contracts, housing, landlord & tenant, leases, news by sally

‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’

Full Story

4 New Square, 10th December 2018

Source: www.4newsquare.com

Law Commission seeks to jump-start commonhold demand – Law Society’s Gazette

Posted December 11th, 2018 in housing, landlord & tenant, Law Commission, leases, news by sally

‘The Law Commission is hoping to reinvigorate demand for an alternative form of property ownership that struggled to gain traction when it was introduced nearly two decades ago.’

Full Story

Law Society's Gazette, 10th December 2018

Source: www.lawgazette.co.uk

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

Full Story

Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Legal aid advice network ‘decimated’ by funding cuts – BBC News

Posted December 11th, 2018 in budgets, housing, legal aid, legal representation, litigants in person, news, statistics by sally

‘Cuts to legal aid have created “deserts” of provision across England and Wales, a BBC investigation found.’

Full Story

BBC News, 10th December 2018

Source: www.bbc.co.uk