Mum faced £10k bill to move from rapist neighbour – BBC News

Posted September 20th, 2019 in disabled persons, fees, housing, local government, news, ombudsmen, rape, victims by sally

‘A mother who discovered her disabled daughter’s rapist had moved next door was told she would have repay £10,000 to a council to leave her property.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

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Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Banned leader – Nearly Legal

Posted September 18th, 2019 in fines, housing, landlord & tenant, licensing, magistrates, news by tracey

’43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001. This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order against David Beattie under section 15(1) Housing and Planning Act 2016 and for a rent repayment order under section 41 H&PA 2016.’

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Nearly Legal, 17th September 2019

Source: nearlylegal.co.uk

Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by tracey

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Rent Repayment Orders – who is the landlord? – Nearly Legal

Posted September 17th, 2019 in housing, landlord & tenant, licensing, news, rent by tracey

‘Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision). This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an application for a licence actually made by a landlord. Second, who should a rent repayment order be made against where the ostensible landlord is a company, but the property is owned by the sole director of the company.’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

NRPF: The crisis facing the children of migrants – Family Law Week

Posted September 12th, 2019 in benefits, children, housing, human rights, immigration, local government, news by tracey

‘Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.’

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Family Law Week, 11th September 2019

Source: www.familylawweek.co.uk

Whose windows are these? – Nearly Legal

Posted September 3rd, 2019 in housing, landlord & tenant, news, repairs by sally

‘As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the landlord to keep the property ‘in good condition’ or ‘fit to live in’ made the landlord liable for condensation mould.’

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Nearly Legal, 2nd September 2019

Source: nearlylegal.co.uk

County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer

Posted September 3rd, 2019 in care orders, compensation, delay, families, housing, local government, news, ombudsmen, standards by sally

‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Battle over an airfield; housing, heritage, conservation and more – No. 5 Chambers

Posted August 29th, 2019 in aircraft, airports, housing, listed buildings, news, planning by sally

‘A Planning Inspector recently delivered a long-awaited decision following an appeal under Section 78 of the Town and Country Planning Act 1990. The appeal was lodged following non-determination by Wiltshire Council over a site for major housing development in Old Sarum Airfield, in one of the original ‘rotten boroughs’ of Old Sarum.’

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No. 5 Chambers, 8th August 2019

Source: www.no5.com

Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing delivery – No. 5 Chambers

Posted August 29th, 2019 in housing, local government, news, planning by sally

‘Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently. And well he might, as the Conservative Party’s track record on housing delivery, first as the main party in a coalition, and then on its own, has been very poor.’

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No. 5 Chambers, 6th August 2019

Source: www.no5.com

Lancashire grandmother ‘had to sleep on mattress in lounge’ for 10 years – BBC News

Posted August 29th, 2019 in care orders, children, compensation, grandparents, housing, local government, news by tracey

‘A woman slept on a mattress in her living room for more than 10 years because her council house was too small for her and five children.

The Local Government Ombudsman ordered the council to pay her compensation. The council apologised and said it would pay her £24,000 to reflect the “avoidable distress” she and her family suffered.’

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BBC News, 29th August 2019

Source: www.bbc.co.uk

Investigation prompts rapid upgrades to asylum seekers’ homes – The Guardian

‘Hundreds of asylum seekers crammed into a network of “guest houses” provided by a Home Office contractor that are overrun by cockroaches, rats and mice have seen a raft of improvements in the past few days after the Guardian exposed their dire living conditions.’

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The Guardian, 27th August 2019

Source: www.theguardian.com

Possession and licensing in Wales – Nearly Legal

Posted August 27th, 2019 in housing, landlord & tenant, licensing, news, repossession, Wales by sally

‘Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019.’

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Nearly Legal, 26th August 2019

Source: nearlylegal.co.uk

Shelter crowd funds legal action over alleged failure by council to offer homeless people temporary accommodation – Local Government Lawyer

Posted August 22nd, 2019 in homelessness, housing, judicial review, local government, news, Scotland by sally

‘Housing charity Shelter Scotland is seeking to crowdfund legal action over what it says is Glasgow City Council’s unlawful failure to offer homeless people temporary accommodation.’

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Local Government Lawyer, 21st August 2019

Source: www.localgovernmentlawyer.co.uk

London borough prosecutes man who tried to take over council flat by claiming to be nephew of deceased tenant – Local Government Lawyer

‘The London Borough of Tower Hamlets has successfully prosecuted a man who fraudulently tried to take over the council tenancy of a resident who had passed away by pretending to be his nephew.’

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Local Government Lawyer, 20th August 2019

Source: www.localgovernmentlawyer.co.uk

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

Court upholds ‘older died first’ principle in inheritance dispute – Law Society’s Gazette

Posted August 15th, 2019 in bereavement, expert witnesses, families, housing, news, wills by tracey

‘An inheritance dispute between two stepsisters hingeing on which of their parents died first has been resolved by the High Court, which ruled that the younger parent legally outlived the older.’

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Law Society's Gazette, 14th August 2019

Source: www.lawgazette.co.uk

Discrimination claims and s204 appeal – Local Government Lawyer

‘The Court of Appeal has ruled that there is no home for discrimination claims in section 204 appeals, write Dean Underwood and Riccardo Calzavara.’

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Local Government Lawyer, 13th August 2019

Source: www.localgovernmentlawyer.co.uk

Equality and Homeless Appeals – Nearly Legal

‘Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405. We first saw this case as a county court appeal where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, and the matter went to the Court of Appeal.’

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Nearly Legal, 11th August 2019

Source: nearlylegal.co.uk

Court of Appeal rules on Equality Act breaches and homelessness appeals – Local Government Lawyer

‘The Court of Appeal has held that a homeless person cannot raise alleged breaches of the Equality Act 2010 in a homelessness appeal before a county court judge.’

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Local Government Lawyer, 8th August 2019

Source: www.localgovernmentlawyer.co.uk