Cross-party calls for rogue landlords to lose properties – The Guardian

Posted November 30th, 2018 in confiscation, housing, landlord & tenant, news by sally

‘MPs have called on the government to confiscate properties from the country’s worst landlords after a series of revelations about tenants being exploited by rogue sections of the private rented housing sector.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by tracey

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

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Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

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Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Ministers unveil ‘housing court’ proposals to speed up disputes between landlords and tenants – The Independent

Posted November 14th, 2018 in consultations, courts, housing, landlord & tenant, news by sally

‘Ministers have unveiled plans for a specialist “housing court” to speed up the settlement of property disputes between landlords and tenants.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Council defeats High Court challenge over adoption of policies in Local Plan – Local Government Lawyer

Posted November 7th, 2018 in housing, local government, news, planning by sally

‘A Deputy High Court Judge has rejected a legal challenge to Waverley Borough Council’s adoption of certain policies in its Local Plan.’

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Local Government Lawyer, 6th November 2018

Source: www.localgovernmentlawyer.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Suitability and s.193 accommodation – Nearly Legal

Posted November 5th, 2018 in appeals, children, duty of care, housing, local government, news by sally

‘This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it became accommodation provided under s.193 HA 1996.’

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Nearly Legal, 4th November 2018

Source: nearlylegal.co.uk

Council fails in challenge to decision by inspector to grant permission for 29 homes- Local Government Lawyers

Posted November 2nd, 2018 in appeals, housing, local government, news, planning by sally

‘Cheshire East Council has failed in a High Court challenge to a planning inspector’s decision to grant a developer outline planning permission for 29 dwellings on appeal.’

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Local Government Lawyer, 1st November 2018

Source: www.localgovernmentlawyer.co.uk

Universal Credit – more woes – Nearly Legal

Posted November 2nd, 2018 in benefits, housing, leases, mesne profits, news, regulations, rent by sally

‘The Universal Credit Regulations 2013 contain certain exclusions from the housing element of Universal Credit.’

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Nearly Legal, 1st November 2018

Source: nearlylegal.co.uk

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Ombudsman criticises council for housing 17 year old on campsite – Local Government Lawyer

Posted October 31st, 2018 in homelessness, housing, local government, news, ombudsmen, young persons by sally

‘Cornwall Council has admitted that accommodating a homeless youth on a campsite “went on for too long”, after criticism from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 31st October 2018

Source: www.localgovernmentlawyer.co.uk

Immigration Officials Attend Local Authority Meetings With Vulnerable Migrant Families – Rights Info

Posted October 31st, 2018 in government departments, housing, immigration, local government, news by sally

‘The Home Office is regularly attending local authority meetings with vulnerable migrant families to help collect data that can be used to remove the families from the UK.’

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Rights Info, 29th October 2018

Source: rightsinfo.org

Budget 2018: Here’s What It Means For Our Human Rights – Rights Info

Posted October 30th, 2018 in benefits, budgets, education, health, housing, human rights, mental health, news, roads, statistics by sally

‘In his final budget before Brexit, Chancellor Philip Hammond has declared that austerity is coming to an end and reiterated Theresa May’s £8.4 billion spending pledge to the NHS.’

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Rights Info, 29th October 2018

Source: rightsinfo.org

Council ends PFI deal, takes legal action over tower block cladding – Local Government Lawyer

‘Camden Council is to end a private finance initiative deal and take legal action against contractors in a dispute over the recladding of tower blocks.’

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Local Government Lawyer, 30th October 2018

Source: www.localgovernmentlawyer.co.uk

Succession and discrimination – death or divorce – Nearly Legal

Posted October 29th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘This was a challenge, arising from a possession claim, to the ‘one succession’ rule on secure tenancies.’

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Nearly Legal, 28th October 2018

Source: nearlylegal.co.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Tenants will get access to rogue landlord database, says PM – The Guardian

Posted October 25th, 2018 in housing, landlord & tenant, local government, news by tracey

‘Theresa May has pledged to give tenants access to the government’s new rogue landlord database after a Guardian and ITV News investigation revealed that not a single name had been entered into the system in more than six months since its launch – and that even when landlords’ names were listed, the public would not be allowed to see them.’

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The Guardian, 24th October 2018

Source: www.theguardian.com

The rogue landlord’s loopholes: how the law fails renters – The Guardian

Posted October 24th, 2018 in enforcement, housing, landlord & tenant, licensing, local government, news by tracey

‘The legislation designed to catch rogue landlords is vast and very complex. Landlords can be prosecuted under various pieces of law, including the Housing Act (2004), the Protection from Eviction Act (1977), the Health and Safety at Work Act (1974) and Regulatory Reform (Fire Safety) Order (2005). All of that legislation creates a confusing landscape. It can be difficult to work out how it all fits together, and even within individual acts there are loopholes.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com