Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Posted February 21st, 2017 in charities, housing, landlord & tenant, leases, licensing, news, repossession by sally

‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’

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Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

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‘Unfit’ council home payouts and legal fees hit £35m in five years – BBC News

Posted February 14th, 2017 in compensation, fees, housing, landlord & tenant, local government, news by sally

‘Councils in England have paid out more than £35m in compensation and legal fees in the past five years to tenants living in “unfit” council homes.’

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BBC News, 14th February 2017

Source: www.bbc.co.uk

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Government to tweak planning laws to solve housing crisis – The Independent

Posted February 7th, 2017 in housing, local government, news, planning by sally

‘The Government is to outline a series of tweaks to planning laws it says will help solve the housing shortage.’

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The Independent, 7th February 2017

Source: www.independent.co.uk

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Paying your fair share: when can an adjudicator decide more than the notified sum must be paid? – Hardwicke Chambers

Posted February 7th, 2017 in arbitration, construction industry, contracts, housing, news by sally

‘Judgment in the case of Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd, handed down on 19 January 2017, is a new authority in the line of case law providing guidance on the provisions governing interim payments in Construction Contracts in the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”).’

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Hardwicke Chambers, 2nd February 2017

Source: www.hardwicke.co.uk

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‘Solicitor’s agents’ yet again – no rights of audience? – Nearly Legal

‘What is more, there is updated guidance from the Bar Council to ‘unregistered barristers acting as solicitor’s agents’ (ie, barristers who have been called, even passed the BPTC, but do not have pupillage or have qualified). The effect of which is that “many individuals currently exercising rights of audience in reliance on this provision (Sch 3 Legal Services Act 2007) are at risk of contravening the Act”. Which is a potentially criminal offence.’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

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Perception of doors – Nearly Legal

‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

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Hackney LBC v Haque – Arden Chambers

Posted January 27th, 2017 in disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has held that the four-stage approach to considering the public sector equality duty in s.149 Equality Act 2010 in Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811, is concerned only with vulnerability under s.189(1)(c) Housing Act 1996. In cases concerning suitability of accommodation, a review officer had to show (on a “stand-back” reading of the decision) recognition as to whether a homeless applicant had a disability and whether the accommodation was unsuitable having regard to that disability and its impact on the applicant compared to those without such a disability.’

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Arden Chambers, January 2017

Source: www.ardenchambers.com

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Costs and inquiries – homelessness appeals – Nearly Legal

Posted January 26th, 2017 in costs, homelessness, housing, inquiries, local government, news by tracey

‘The London Borough of Croydon v Lopes [2017] EWHC 33 (QB). Costs on settled s.204 Housing Act 1996 appeals – the issue that never goes away. The latest instalment also brings with it some rather sharp findings by the Court of Appeal on the extent of inquiries the council should have made.’

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Nearly Legal, 25th January 2017

Source: www.nearlylegal.co.uk

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Suitability and PSED – Nearly Legal

Posted January 26th, 2017 in appeals, disabled persons, equality, housing, mental health, news by tracey

‘London Borough of Hackney v Haque [2017] EWCA Civ 4. In which the Court of Appeal grapple with the application of the Public Sector Equality Duty to decisions on suitability of accommodation provided under s.193 Housing Act 1996 (in satisfaction of the full housing duty).’

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Nearly Legal, 24th January 2017

Source: www.nearlylegal.co.uk

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G4S filmed asylum seekers in their own homes without consent – The Guardian

‘Information commissioner raises concern and campaigners threaten legal action over security firm’s use of body-worn cameras.’

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The Guardian, 24th January 2017

Source: www.guardian.co.uk

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At last: MoJ announces timetable for LASPO review – Law society’s Gazette

Posted January 19th, 2017 in housing, law centres, legal aid, news by tracey

‘The government has set the ball rolling on the long-awaited review of its controversial legal aid reforms, the Ministry of Justice has announced.’

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Law Society’s Gazette, 18th January 2017

Source: www.lawgazette.co.uk

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What Westminster did next. Sending the homeless to Coventry – Nearly Legal

Posted January 18th, 2017 in homelessness, housing, local government, news by sally

‘As has been reported here and here, Westminster City Council have decided to adopt various new housing policies. In particular, there are new proposed policies on temporary accommodation and permanent accommodation offers for homeless households.’

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Nearly Legal, 16th January 2017

Source: www.nearlylegal.co.uk

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‘I should have been a tenant’ – more on Bristol property guardians – Nearly Legal

Posted January 16th, 2017 in housing, landlord & tenant, licensing, news by sally

‘As far as property guardians go, all the action seems to be taking place in Bristol. As well as the issues (and possession claim) noted here, there is a separate possession claim going on, with Camelot seeking possession against Greg Roynon, who was also living in one of the former nursing homes.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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City council wrongly decided child was not in need, High Court judge rules – Local Government Lawyer

Posted January 16th, 2017 in children, housing, judges, judicial review, local government, news by sally

‘Birmingham City Council acted wrongly when it decided that a child was not in need of accommodation in its area because his mother had recently left the London Borough of Bromley.’

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Local Government Lawyer, 13th January 2017

Source: www.localgovernmentlawyer.co.uk

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Thousands left homeless by shortage of legal aid lawyers, say charities – The Guardian

‘Thousands of people are being made homeless every year because they cannot find lawyers to help them resist eviction, charities are warning.’

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The Guardian, 18th December 2016

Source: www.guardian.co.uk

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Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

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New legal aid ‘advice deserts’ emerge – Law Society’s Gazette

Posted December 12th, 2016 in housing, law centres, law firms, legal aid, news by sally

‘Further evidence of the problem of legal aid ‘advice deserts’ has emerged with a new government attempt to plug holes in the provision of housing and debt services.’

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Law Society’s Gazette, 9th December 2016

Source: www.lawgazette.co.uk

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Housing benefit – Local Government Law

Posted December 8th, 2016 in appeals, benefits, housing, local government, news, social security, tribunals by tracey

‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’

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Local Government Law, 5th December 2016

Source: www.11kbw.com/blogs/local-government-law

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Tribunal: ‘public interest’ need for social housing justified breach of covenant – OUT-LAW.com

‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’

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OUt-LAW.com, 6th December 2016

Source: www.out-law.com

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