Supreme Court rejects appeal by Zambrano carer over provision – Local Government Lawyer

Posted November 17th, 2017 in benefits, carers, children, EC law, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.’

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Local Government Lawyer, 17th November 2017

Source: www.localgovernmentlawyer.co.uk

Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal

Posted November 15th, 2017 in bills, health & safety, housing, landlord & tenant, reports by tracey

‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’

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Nearly Legal, 14th November 2017

Source: www.nearlylegal.co.uk/blog/

Grenfell Tower fire: Britain’s housing laws ‘inadequate’ and ‘outdated’, finds Shelter report – The Independent

Posted November 14th, 2017 in fire, health & safety, housing, landlord & tenant, news, regulations, reports by tracey

‘Britain’s “inadequate” and “outdated” housing laws are failing to prioritise tenant safety, a damning report commissioned by Shelter has found.’

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The Independent, 14th November 2017

Source: www.independent.co.uk

How long has this been going on? – settled accommodation – Nearly Legal

‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’

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Nearly Legal, 29th October 2017

Source: nearlylegal.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Lack of secure accommodation – ‘blood on our hands’? – Family Law

Posted October 24th, 2017 in care orders, children, detention, housing, mental health, news, self-harm, young persons by sally

‘It is sometimes necessary for local authorities to seek to place a looked after child in what is called secure accommodation. This is designed to protect them from injuring themselves or others and/or absconding from other types of accommodation and suffering significant harm as a consequence.’

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Family Law, 23rd October 2017

Source: www.familylaw.co.uk

Panayiotou v Waltham Forest LBC; Smith v Haringey LBC – Arden Chambers

Posted October 20th, 2017 in disabled persons, homelessness, housing, local government, mental health, news by sally

‘The Court of Appeal has held that whether a person has a priority need for accommodation by reason of vulnerability requires consideration of whether he is “significantly” more vulnerable in a way that is relevant to his ability to deal with the consequences of homelessness; the question is qualitative, not quantitative.’

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Arden Chambers, 19th October 2017

Source: www.ardenchambers.com

Mental health trust pays damages over man’s death in tower block fire – The Guardian

Posted September 21st, 2017 in accidents, fire, housing, mental health, news, social services by sally

‘A mental health trust has paid out damages over the case of a man with bipolar disorder and a history of lighting fires who was trapped in a blaze at his cluttered tower block flat.’

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The Guardian, 20th September 2017

Source: www.theguardian.com

An uncaring indifference to wrong and right – Nearly Legal

Posted September 20th, 2017 in homelessness, housing, news, statistics by sally

‘Behind every homelessness statistic sits a story – or, more accurately – 88410 stories. Stories of people fleeing violence or abusive relationships. Stories of people struggling with ill-health and addictions. Stories of care leavers being left to struggle thorough. And, increasingly, stories of people who just can’t afford the rent. Some – the “lucky” or “deserving” few, find their way into temporary accommodation. Some sleep rough. Some turn to prostitution as a way of getting a roof for the night. It is a desperate situation.’

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Nearly Legal, 18th September 2017

Source: nearlylegal.co.uk

Duchy of Cornwall residents fight ‘unfair’ freehold ban – The Guardian

‘Prince Charles’s £1bn Duchy of Cornwall estate is facing a rebellion by residents who claim they are subject to an unfair ban on buying the freeholds to their homes.’

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The Guardian, 11th September 2017

Source: www.theguardian.com

Couple suing previous owners of house claim Facebook post proves they hid a flooding problem – Daily Telegraph

Posted September 4th, 2017 in damages, documents, home information packs, housing, internet, news, rescission, sale of land by sally

‘A couple whose garden has repeatedly flooded are suing the previous owners, claiming a Facebook photograph proves they were aware of the problem but failed to highlight it.’

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Daily Telegraph, 3rd September 2017

Source: www.telegraph.co.uk

Partridge v Gupta – Arden Chambers

Posted August 22nd, 2017 in civil procedure rules, housing, news, notification, repossession by sally

‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’

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Arden Chambers, 15th August 2017

Source: www.ardenchambers.com

Bucknall v Dacorum Borough Council – Arden Chambers

Posted August 22nd, 2017 in housing, local government, news, notification, regulations, repossession by sally

‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’

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Arden Chambers, 10th August 2017

Source: www.ardenchambers.com

JLK Limited v Emmanuel Chiedu Ezekwe (and others) [2017] UKUT 277 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in appeals, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Our House, in the middle of … Ambridge: Rogers v Burns – Tanfield Chambers

Posted August 22nd, 2017 in cohabitation, estoppel, housing, matrimonial home, news by sally

‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’

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Tanfield Chambers, 20th July 2017

Source: www.tanfieldchambers.co.uk

Overcoming the hurdles – Tanfield Chambers

Posted August 21st, 2017 in fire, health & safety, housing, local government, news by sally

‘The recent tragedy at Grenfell Tower in west London has brought into sharp focus the importance of having adequate fire safety in large blocks of flats. There has been much public debate about landlords cutting corners with fire protection or failing to retro-fit sprinklers. There are now calls for landlords to be required to bring older blocks up to modern standards of fire protection. This is an imperative but there are obstacles to achieving it. This article examines the legal and financial hurdles that landlords face in bringing their blocks up to an acceptable standard and proposes legislative reform to bring about the much needed works quickly.’

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Tanfield Chambers, 25th July 2017

Source: www.tanfieldchambers.co.uk

Grenfell Inquiry: terms of reference ‘won’t satisfy government’s legal obligations’ – Law Society’s Gazette

Posted August 16th, 2017 in fire, housing, inquiries, judges, legal aid, London, news by sally

‘Terms of reference for the public inquiry into the Grenfell Tower fire may not satisfy the government’s legal obligations to investigate the full circumstances of the tragedy, lawyers representing some of the victims have warned.’

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Law Society's Gazette, 15th August 2017

Source: www.lawgazette.co.uk

Illegal subletting – an ‘elaborate farrago of lies’ – Nearly Legal

Posted August 15th, 2017 in appeals, benefits, housing, landlord & tenant, news, repossession, social security by sally

‘Ms Afsana Begum and Mr Mohammed Rohim were the joint assured tenants of Poplar Housing from October 2014. The property was a two bed flat. The rent was paid in full by housing benefit. In August 2015, Poplar received a tip off that the property was being sub let. On investigation, Ms B had financial links to another flat nearby, her mother’s.’

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Nearly Legal, 13th August 2017

Source: nearlylegal.co.uk

Dwelling in temporary accommodation – Nearly Legal

Posted August 14th, 2017 in housing, local government, news, repossession, statutory interpretation by sally

‘When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied ‘as a dwelling’ fo the purposes of Section 3 Protection from Eviction Act 1977?’

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Nearly Legal, 13th August 2017

Source: nearlylegal.co.uk