Property market braces for shockwaves from landmark leasehold case – The Guardian

Posted January 15th, 2018 in appeals, housing, leases, news by sally

‘One of Britain’s richest men, the Duke of Westminster, could see the value of his estates plummet this week if a landmark legal challenge is successful. The case could also benefit 2m households across England and Wales.’

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The Guardian, 14th January 2018

Source: www.theguardian.com

Cost of divorce up 17% in three years amid soaring legal fees and housing costs – The Independent

Posted January 11th, 2018 in costs, divorce, fees, housing, news, reports by tracey

‘Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property.’

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The Independent, 11th January 2018

Source: www.independent.co.uk

High Court judge criticises “very serious defects” in housing decision letter – Local Government Lawyer

Posted January 10th, 2018 in children, disabled persons, housing, local government, news by sally

‘A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.’

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Local Government Lawyer, 10th January 2018

Source: www.localgovernmentlawyer.co.uk

Beach huts: chattels, leases, estoppel – Nearly Legal

Posted January 9th, 2018 in estoppel, housing, leases, news by sally

‘Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether the landowner was estopped from obtaining possession, and even certain pleadings issues (the pleadings do seem to have been a little, erm, jejeune) – but also because HHJ Matthews (who I’m ashamed to say I haven’t come across) added his tuppenies to a couple of controversies, not least making some important observations on the correctness of the Supreme Court judgment in Berrisford v Mexfield. Part of the problem in the case was that the events which underpinned the various claims happened over many years, were oral, and, in some cases, involved transfers of title (the issues of which were neatly stepped over by the judge who referred to bona fide purchasers, so we might be dealing with unregistered land, a point not made clear).’

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Nearly Legal, 8th January 2018

Source: nearlylegal.co.uk

Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

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Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

The Bedworth bedroom conundrum – Nearly Legal

Posted January 4th, 2018 in benefits, housing, local government, news, regulations, social security by sally

‘A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax.’

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Nearly Legal, 31st December 2017

Source: nearlylegal.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

Posted January 4th, 2018 in housing, landlord & tenant, licensing, local government, news by sally

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

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Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

Family with no recourse to public funds wins judicial review battle with council – Local Government Lawyer

Posted December 5th, 2017 in housing, local government, news by tracey

‘Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer

Posted December 1st, 2017 in housing, local government, news, planning by tracey

‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’

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Local Government Lawyer, 30th November 2017

Source: localgovernmentlawyer.co.uk

Simplify planning laws in Wales to create new homes – Law Commission

Posted December 1st, 2017 in housing, planning, press releases, Wales by tracey

‘A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.’

Full press release

Law Commission, 30th November 2017

Source: www.lawcom.gov.uk/

Keir Starmer: make funding for women’s refuges mandatory – The Guardian

Posted November 28th, 2017 in benefits, domestic violence, housing, news, social security, social services, victims, women by sally

‘Keir Starmer, the shadow cabinet member and former chief prosecutor, has called for mandatory funding for refuges amid criticism over a shake-up of funding for women’s services.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Brexit & Developments in Valuer’s Liabilities – Hailsham Chambers

Posted November 22nd, 2017 in housing, international relations, news, referendums, stamp duty, taxation, valuation by sally

‘In the run up to the referendum the mood about the consequence of a leave vote was, from an economic point of view, pessimistic. ‘

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Burrows Investments Limited v Ward Homes Limited [2017] EWCA Civ 1577 – Falcon Chambers

Posted November 22nd, 2017 in contracts, damages, housing, news, planning by sally

‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers

‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’

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Byrom Street Chambers, September 2017

Source: www.byromstreet.com