High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer

Posted August 5th, 2021 in housing, landlord & tenant, leases, news, notification, time limits by sally

‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’

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Local Government Lawyer, 5th August 2021

Source: www.localgovernmentlawyer.co.uk

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

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Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

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Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Not so full and frank disclosure – Nearly Legal

Posted July 29th, 2021 in disclosure, housing, injunctions, landlord & tenant, mental health, news, nuisance by sally

‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’

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Nearly Legal, 27th July 2021

Source: nearlylegal.co.uk

Should We Have The Right To Housing? – Each Other

Posted July 27th, 2021 in coronavirus, housing, human rights, landlord & tenant, news, statistics by sally

‘In our new Visions of Human Rights series – we look at issues and social concerns that we currently don’t have the right to – but ones that charities and activists are asking to be reconsidered. During the pandemic, the spaces we have been confined to or unable to move from were under the spotlight like never before. Today Hannah Shewan Stevens looks at whether we should have the right to housing.’

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Each Other, 26th July 2021

Source: eachother.org.uk

More than 50 died in Home Office asylum seeker accommodation in past five years – The Guardian

‘More than 50 people have died in Home Office asylum seeker accommodation in the last five years, with the number increasing steeply over the past 18 months, the Guardian has learned.’

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The Guardian, 25th July 2021

Source: www.theguardian.com

High Court criticises Magistrates Court for failure to state a case in closure order dispute – Local Government Lawyer

‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

Building Safety Bill – Commons Library Research Briefing

‘Second Reading of the Building Safety Bill (Bill 132 of 2021-22) is expected to take place on Wednesday 21 July.’

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House of Commons Library, 16th July 2021

Source: commonslibrary.parliament.uk

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Proposed changes to the Defective Premises Act – Practical Law: Construction Blog

Posted July 14th, 2021 in bills, building law, compensation, construction industry, housing, news, time limits by tracey

‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’

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Practical Law: Construction Blog, 13th July 2021

Source: constructionblog.practicallaw.com

Migrant rough sleeper facing eviction from London accommodation – The Guardian

Posted July 13th, 2021 in homelessness, hotels, housing, immigration, local government, news by tracey

‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’

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The Guardian, 12th July 2021

Source: www.theguardian.com

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

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Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

The Building Safety Bill – Nearly Legal

‘This is, so we have been repeatedly told, the vehicle through which the government will save leaseholders from having to pay life-changing sums to remediate the fire safety defects which are so prevalent at blocks of flats across the country. The headline is that it does not do that (nor does it contain the details of the much delayed loan scheme). To the contrary, this Bill creates a bespoke process by which landlords of “higher-risk” buildings can recover their building safety costs even if their leases do not let them do so.’

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Nearly Legal, 5th July 2021

Source: nearlylegal.co.uk

Domestic Abuse and Priority Need – Nearly Legal

Posted July 6th, 2021 in domestic violence, homelessness, housing, local government, news by sally

‘After assorted rumours, it was officially announced that section 78 Domestic Abuse Act 2021 came into force today, (Monday 5 July 2021), although the regulations bringing it into force weren’t actually published until about 4.30 pm.’

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Nearly Legal, 5th June 2021

Source: nearlylegal.co.uk

Housing Ombudsman reaches 350 decisions on complaints against landlords in first three months – Local Government Lawyer

Posted June 30th, 2021 in complaints, housing, landlord & tenant, local government, news, ombudsmen by sally

‘The Housing Ombudsman has published details of more than 350 individual decisions to its online casebook on complaints made against landlords since the database’s conception in March this year.’

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Local Government Lawyer, 30th June 2021

Source: www.localgovernmentlawyer.co.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by tracey

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

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Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk