Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’

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The Guardian, 23rd September 2022

Source: www.theguardian.com

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Surge in ‘no-fault evictions’ prompts calls to renew UK-wide ban – The Guardian

‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’

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The Guardian, 22nd September 2022

Source: www.theguardian.com

Home Office Refused to House Mum of Two Who Was Denied Baby Food – Each Other

Posted September 22nd, 2022 in asylum, children, food, government departments, housing, human rights, judicial review, news by sally

‘The High Court has granted permission to proceed with a challenge to an undisclosed Home Office policy which states that asylum seekers can only be dispersed from temporary hotel accommodation on an “expedited” basis if there are “exceptional circumstances”.’

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Each Other, 22nd September 2022

Source: eachother.org.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by tracey

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer

Posted September 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’

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Local Government Lawyer, 13th September 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Regulation of estate agents – House of Commons Library

Posted September 12th, 2022 in consultations, consumer protection, estate agents, housing, news, parliament by tracey

‘This briefing paper provides an outline of the current regulation of estate agents. It also looks at past market studies and consultations and considers in detail recent government proposals to tighten regulation.’

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House of Commons Library , 5th September 2022

Source: commonslibrary.parliament.uk

Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

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Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

Regulator of Social Housing finds council in breach of Home Standard over failure to conduct health and safety assessments in thousands of homes – Local Government Lawyer

Posted September 5th, 2022 in health & safety, housing, local government, news by tracey

‘The Royal Borough of Greenwich has breached the Home Standard and, as a consequence, there was potential for serious detriment to tenants, the Regulator of Social Housing (RSH) has concluded.’

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Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Mobile (park) homes – House of Commons Library

Posted September 5th, 2022 in housing, local government, news, parliament by tracey

‘This paper provides an overview of the rights of residents who live year-round on mobile (park) home sites and proposals to improve protections for residents in England.’

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House of Commons Library , 30th August 2022

Source: commonslibrary.parliament.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

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The Guardian, 5th September 2022

Source: www.theguardian.com

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

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33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

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Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk

Cladding and fire safety: more reaction to Martlet v Mulalley – Practical Law: Construction Blog

Posted August 26th, 2022 in building law, construction industry, fire, health & safety, housing, news by tracey

‘At the end of last month, Tom Coulson and Amy Armitage discussed the decision of Martlet Homes Ltd v Mulalley & Co Ltd, the first decision from the TCC on fire safety defects following the Grenfell Tower tragedy. This decision is highly significant for the construction industry, given the number of similar cases which are either progressing through the courts or at the pre-action stage. Although the judge emphasised the fact-specific nature of the dispute, this decision provided some insight on the court’s likely approach to some of the significant issues that affect cladding disputes.’

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Practical Law: Construction Blog , 24th August 2022

Source: constructionblog.practicallaw.com

Will Plans To End ‘No Fault’ Evictions Make A Difference? – Each Other

Posted August 23rd, 2022 in housing, landlord & tenant, news, repossession by sally

‘New measures outlined by the government will ban private landlords from issuing “no fault” evictions. The latest government statistics show that the number of tenants evicted by their landlords has more than tripled since this time last year. The homeless charity, Crisis has said “no fault” evictions where landlords do not have to establish a fault on the part of the person renting their property, have risen by 52% in the last three months.’

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Each Other, 22nd August 2022

Source: eachother.org.uk

Homelessness – suitability and distance to school – Nearly Legal

Posted August 22nd, 2022 in children, families, homelessness, housing, local government, news, school children by tracey

‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Government to make it easier for landlords to evict people who fall behind on rent – The Independent

Posted August 22nd, 2022 in bills, government departments, housing, landlord & tenant, news, rent, repossession by tracey

‘Housing campaigners have sounded the alarm over government plans to make it easier for landlords to evict tenants who fall behind on their rent. The government wants to change the law so that evictions can take place if someone repeatedly falls into arrears – even if they catch up on payments.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

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Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk