Plans to stop house buyers being ‘exploited’ by ripoff leases delayed, almost a year after government promise – The Independent

Posted October 15th, 2018 in consultations, housing, leases, news, rent by tracey

‘Flagship plans to stop house buyers being “exploited” by ripoff leases have been delayed, nearly a year after the government vowed to act.’

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The Independent, 14th October 2018

Source: www.independent.co.uk

Council loses Supreme Court battle over HMO licence conditions – Local Government Lawyer

Posted October 12th, 2018 in housing, licensing, local government, news, Supreme Court by sally

‘Nottingham City Council has lost a Supreme Court case over whether it was right to prohibit the use of two attics as bedrooms.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Woman homeless after terrorism offences loses High Court challenge over housing – Local Government Lawyer

Posted October 12th, 2018 in homelessness, housing, human rights, local government, news, terrorism by sally

‘A woman who had become homeless while imprisoned for terrorism offences did not have her human rights breached by the London Borough of Brent in its decisions on housing her and her children, the High Court has ruled.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Late, later, too late – Nearly Legal

Posted October 11th, 2018 in deposits, housing, landlord & tenant, news by sally

‘Ms T was Ms N’s assured shorthold tenant, with a fixed term tenancy starting on 25 July 2013. The tenancy became a statutory periodic on 25 July 2014. An initial deposit of £1300 was taken, but it was not protected until 22 January 2014. When the statutory periodic tenancy began, Ms N did not renew the deposit protection (as then required by MyDeposits) and the deposit ceased to be protected some weeks after the statutory periodic tenancy began. It was not again protected until 23 February 2017. Prescribed information was, in each case, provided to Ms T at about the time of the protection.’

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Nearly Legal, 10th October 2018

Source: nearlylegal.co.uk

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Planning reforms to give councils more flexibility to dispose of surplus land – Local Government Lawyer

‘The government has announced plans to consult on further reforms to the planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes.’

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Local Government Lawyer, 2nd October 2018

Source: www.localgovernmentlawyer.co.uk

Unfixed fixed terms – Nearly Legal

Posted October 2nd, 2018 in appeals, fixed-term contracts, housing, landlord & tenant, news by sally

‘This was Ms Bamber’s appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months notice of intention to terminate Ms B’s tenancy, under s.21(1B) Housing Act 1998.’

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Nearly Legal, 29th September 2018

Source: nearlylegal.co.uk

Who can complain of statutory nuisance? – Nearly Legal

Posted October 2nd, 2018 in complaints, environmental protection, housing, news, nuisance by sally

‘The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the hearing in the Magistrates Court. There are all sorts of things flying about in the background of this judgment, including off stage judicial review proceedings, but the key issue is what sort of status an occupier has to have to bring (and continue) an EPA 1990 prosecution.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

Council secures Ofcom ruling in complaint of unfairness against Piers Morgan – Local Government Lawyer

Posted September 27th, 2018 in armed forces, complaints, housing, local government, media, news by tracey

‘Herefordshire Council has welcomed regulator Ofcom’s decision to partly uphold a complaint of unfairness that it made against television presenter Piers Morgan.’

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Local Government Lawyer, 27th September 2018

Source: www.localgovernmentlawyer.co.uk

UK asylum seekers refused housing over ‘social cohesion issues’ – The Guardian

Posted September 27th, 2018 in asylum, detention, housing, immigration, news, race discrimination, refugees by tracey

‘Details of the ban emerged in a note from the Home Office to an asylum seeker’s solicitor, in which the department said that it had an agreement with local authorities in that region not to house any “foreign nationals with known criminality”.’

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The Guardian, 27th September 2018

Source: www.theguardian.com

Judge slams decision to house paedophile near children’s home – BBC News

‘A judge has ordered a police force and council to pay £52,000 to a sex abuse victim after a convicted paedophile was housed near his children’s home.’

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BBC News, 24th September 2018

Source: www.bbc.co.uk

Mobile home security – Nearly Legal

Posted September 14th, 2018 in housing, landlord & tenant, licensing, news, planning by tracey

‘In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.

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Nearly Legal, 13th September 2018

Source: nearlylegal.co.uk

Ombudsman finds against council after family left waiting for house adaptations for disabled son for three years – Local Government Lawyer

Posted September 3rd, 2018 in children, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘A severely disabled Doncaster boy’s family has had to wait three years for Doncaster Council to provide them with the special adaptations their home needs, the Local Government and Social Care Ombudsman (LGO) has found.’

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Local Government Lawyer, 31st August 2018

Source: www.localgovernmentlawyer.co.uk

Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

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Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

Lettings Agents are Discriminating Against Housing Benefit Tenants, says Shelter – Rights Info

Posted August 23rd, 2018 in benefits, equality, housing, landlord & tenant, news, reports, social security by sally

‘An investigation by Shelter has found many letting agents are refusing to rent to tenants who receive housing benefits.’

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Rights Info, 22nd August 2018

Source: rightsinfo.org

The Government’s Response To Grenfell ‘Breaches Human Rights’ – Rights Info

Posted August 22nd, 2018 in fire, health & safety, housing, human rights, news by sally

‘The government’s failure to adequately respond to the Grenfell tragedy may breach human rights legislation, according to the UK’s human rights watchdog.’

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Rights Info, 21st August 2018

Source: rightsinfo.org

Britain flouting human rights over Grenfell-style cladding – The Guardian

Posted August 20th, 2018 in fire, health & safety, housing, human rights, news by sally

‘The government is breaching fundamental obligations to protect its citizens’ right to life by failing to address the systemic problems that led to the Grenfell Tower tragedy, the UK’s human rights watchdog has warned.’

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The Guardian, 19th August 2018

Source: www.theguardian.com

Social housing tenants to gain powers against rogue landlords – The Guardian

Posted August 14th, 2018 in housing, landlord & tenant, news, parliamentary papers by sally

‘Social housing residents will be empowered to take on rogue landlords under the government’s new strategy, but campaigners have criticised the document which offers no new funding.’

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The Guardian, 14th August 2018

Source: www.theguardian.com

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk