‘Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC). This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn.’
Nearly Legal, 6th November 2022
Source: nearlylegal.co.uk
‘A disabled woman had to sleep, eat and wash in her downstairs living room because Slough Borough Council took too long to decide whether she can have a stairlift, an investigation by the Local Government and Social Care Ombudsman has revealed.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’
Local Government Lawyer, 3rd November 2022
Source: www.localgovernmentlawyer.co.uk
‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’
Nearly Legal, 24th October 2022
Source: nearlylegal.co.uk
‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers developments to date.’
House of Commons Library, 24th October 2022
Source: commonslibrary.parliament.uk
‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’
Nearly Legal, 23rd October 2022
Source: nearlylegal.co.uk
‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’
Local Government Lawyer, 21st October 2022
Source: www.localgovernmentlawyer.co.uk
‘The High Court will this week hear a judicial review brought by Norton St Philip Parish Council which argues that Mendip District Council’s decision to follow the recommendations of a planning inspector and approve a Local Plan was unlawful.’
Local Government Lawyer, 17th October 2022
Source: www.localgovernmentlawyer.co.uk
“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”
Nearly Legal, 16th October 2022
Source: nearlylegal.co.uk
‘Coventry City Council has made its first Interim Management order following what it described as a landlord’s “persistent failure” to licence a House in Multiple Occupation (HMO) in the area.’
Local Government Lawyer, 11th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A vegan who failed to deal with a mouse infestation at her mid-terrace home, claiming that taking action would go against her ethical beliefs, has been fined by a court.’
The Independent, 12th October 2022
Source: www.independent.co.uk
‘A domestic abuse victim and her children were “forced to flee” their new home when the council moved the perpetrator’s relative into their road.’
BBC news, 11th October 2022
Source: www.bbc.co.uk
‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’
Nearly Legal, 9th October 2022
Source: nearlylegal.co.uk
‘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.’
The Guardian, 23rd September 2022
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 23rd September 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 22nd September 2022
Source: www.theguardian.com
‘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”.’
Each Other, 22nd September 2022
Source: eachother.org.uk
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