Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by tracey

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

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Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

Law firms, legal executives and licensed conveyancers join forces to lobby for leasehold reform

Posted June 21st, 2017 in conveyancing, housing, law firms, Law Society, leases, legal executives, news by sally

‘A new property law alliance, the Legal Sector Group (LSG), has written to the government, with a detailed set of proposals on leasehold reform.’

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Legal Futures, 21st June 2017

Source: www.legalfutures.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

All or nothing? – Tanfield Chambers

Posted June 12th, 2017 in housing, leases, news by sally

‘A “share of the freehold” is a phrase that appears countless times in
sales particulars up and down the country. But in the words Frank Sinatra used in his first commercial recording back in 1932, these words may mean “all or nothing at all.”’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

R (C) v Islington LBC – Arden Chambers

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Charity crowd funds in bid to challenge roll-out of Right to Rent scheme – Local Government Lawyer

Posted June 2nd, 2017 in housing, landlord & tenant, news, race discrimination by sally

‘The Joint Council for the Welfare of Immigrants (JCWI) has begun crowd funding ahead of a potential legal challenge to the roll-out of the Right to Rent scheme to Scotland, Wales and Northern Ireland.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

High Court judge throws out application to commit council housing officers – Local Government Lawyer

Posted May 26th, 2017 in committals, housing, judicial review, news by tracey

‘A man who sought to make a committal application against Royal Borough of Greenwich housing officers has had a series of judicial review applications dismissed as without merit and been ordered to pay costs.’

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Local Government Lawyer, 25th May 2017

Source: www.localgovernmentlawyer.co.uk

Landlords found guilty after housing 31 people in four-bed home – Local Government Lawyer

Posted May 25th, 2017 in costs, housing, landlord & tenant, licensing, news by tracey

‘Three family members who received £112,000 a year by housing 31 people into a four-bedroom home in Wembley, have been found guilty of breaching landlord licensing rules.’

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Local Government Lawyer, 24th May 2017

Source: www.localgovernmentlawyer.co.uk

Agent claiming to be unaware property was HMO, loses appeal over £20k fine – Local Government Lawyer

Posted May 23rd, 2017 in appeals, fines, housing, local government, news by tracey

‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’

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Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

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

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

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

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

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

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

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

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

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