Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

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The Guardian, 28th February 2021

Source: www.theguardian.com

Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour – Garden Court Chambers

Posted February 19th, 2021 in chambers articles, children, families, housing, judicial review, local government, news by sally

‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

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5SAH, 16th February 2021

Source: www.5sah.co.uk

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

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Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Housing association obtains £81,000 judgment against ex-tenant for unlawful subletting – Local Government Lawyer

Posted February 11th, 2021 in housing, landlord & tenant, news, repossession by sally

‘The tenancy enforcement team at social landlord Hyde has secured an £81,000 money judgment against a former tenant for unlawful subletting.’

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Local Government Lawyer, 10th February 2021

Source: www.localgovernmentlawyer.co.uk

Simple passing of time and unlawful occupation of accommodation could not amount to new fact for the purposes of new homelessness application, judge finds – Local Government Lawyer

Posted February 10th, 2021 in homelessness, housing, local government, news by sally

‘A Deputy High Court judge has dismissed a legal challenge to a council’s decision to refuse to accept a fresh homelessness application from the claimant following an alleged change in his circumstances.’

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Local Government Lawyer, 9th February 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer

‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’

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Local Government Lawyer, 4th February 2021

Source: www.localgovernmentlawyer.co.uk

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Council secures possession order evicting environmental protesters at development site – Local Government Lawyer

‘A High Court judge has granted the London Borough of Islington a possession order for a development site where protesters are occupying a copse scheduled for destruction.’

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Local Government Lawyer, 2nd February 2021

Source: www.localgovernmentlawyer.co.uk

High Court finds ‘huge delay’ in the Home Office provision of asylum support accommodation – EIN Blog

‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’

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EIN Blog, 1st February 2021

Source: www.ein.org.uk

Public open spaces and development – Local Government Lawyer

Posted February 1st, 2021 in appeals, housing, local government, news, parks, planning by tracey

‘The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.’

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Local Government Lawyer, 29th January 2021

Source: www.localgovernmentlawyer.co.uk

Home Office put refugees in barracks after fears better housing would ‘undermine confidence’ in system – The Independent

‘The Home Office placed hundreds of asylum seekers in controversial military barracks following fears that better accommodation would “undermine confidence” in the system, internal documents reveal.’

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The Independent, 31st January 2021

Source: www.independent.co.uk

Slavery survivors moved ‘without notice, without reason’ in London lockdown – The Guardian

‘Modern slavery survivors with young children were among refugees allegedly forced to move accommodation in London with as little as one day’s notice during coronavirus lockdowns this winter.’

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The Guardian, 29th January 2021

Source: www.theguardian.com

UK plan to build 24,000 homes faces legal challenge – The Guardian

‘A plan to build more than 20,000 homes in rural Oxfordshire, championed by secretary of state for housing Robert Jenrick, is facing a legal challenge from residents who say it is incompatible with the government’s legally binding commitments to tackle the climate emergency.’

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The Guardian, 28th January 2021

Source: www.theguardian.com

Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers

‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’

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Hardwicke Chambers, 18th January 2021

Source: hardwicke.co.uk