Category: housing

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

High Court gives green light for fourth judicial review challenge regarding future of London housing estate – Local Government Lawyer

Posted August 15th, 2022 in consultations, housing, judicial review, local government, London, news, planning by tracey

‘A judicial review challenge of Lambeth Council’s planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

Posted August 11th, 2022 in costs, environmental health, fines, housing, landlord & tenant, licensing, local government, news by sally

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge issues mandatory order requiring London borough to secure suitable accommodation for family within 12 weeks – Local Government Lawyer

Posted August 8th, 2022 in children, disabled persons, homelessness, housing, local government, London, news by tracey

‘The London Borough of Lambeth has been told by the High Court to find accommodation for a family within 12 weeks even though the applicant wishes to live outside the borough.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds severe maladministration at housing association over failings in response to silverfish infestation – Local Government Lawyer

Posted August 5th, 2022 in compensation, housing, landlord & tenant, local government, maladministration, news, ombudsmen, repairs by tracey

‘The Housing Ombudsman has found severe maladministration at housing association Metropolitan Thames Valley (MTVH) over its failings in responding to a silverfish infestation at a resident’s flat.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Housing authority acquisitions policies – Local Government Lawyer

Posted August 4th, 2022 in homelessness, housing, local government, news by tracey

‘The Court of Appeal has recently ruled that a local housing authority failed to comply with its own acquisitions policy. Stathis Kosteletos, Clive Adams and Jonathan Hulley examine the ruling.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects as “academic” judicial review claim over ending of ‘Everyone In’ homelessness scheme – Local Government Lawyer

Posted August 3rd, 2022 in appeals, government departments, homelessness, housing, judicial review, local government, news by tracey

‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Homelessness updates – Nearly Legal

Posted August 2nd, 2022 in homelessness, housing, local government, news by tracey

‘Abdikadir v London Borough of Ealing (2022) EWCA Civ 979. Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council’s failure to notify the other council under section 208(2) Housing Act 1996 mean that the review was invalidated?’

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Nearly Legal, 31st July 2022

Source: nearlylegal.co.uk

Goring Gap: High Court overturns 475-home development plan – BBC News

Posted August 2nd, 2022 in appeals, housing, local government, news, parks, planning by tracey

‘Plans to build 475 houses in Worthing have been overturned by a High Court judge.’

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BBC News, 1st August 2022

Source: www.bbc.co.uk

Rent Repayment Orders in the Upper Tribunal – Nearly Legal

Posted July 18th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors.’

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Nearly Legal, 17th July 2022

Source: nearlylegal.co.uk

Affordability and intentional homelessness – assessments and guidance – Nearly Legal

Posted July 14th, 2022 in homelessness, housing, local government, news, rent, tax credits by tracey

‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Regulator of Social Housing launches first of its kind investigation into for-profit housing provider – Local Government Lawyer

Posted July 14th, 2022 in financial regulation, housing, news, standards by tracey

‘A housing provider specialising in shared ownership which operates in more than 190 local authority areas in the United Kingdom is under investigation by the Regulator of Social Housing over financial and governance compliance concerns.’

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Local Government Lawyer, 12th July 2022

Source: www.localgovernmentlawyer.co.uk

Lack of regard for council planning policy on playing fields led to unlawful planning permission, High Court finds – Local Government Lawyer

Posted July 13th, 2022 in housing, local government, news, parks, planning, sport by tracey

‘A decision by Leeds City Council to grant itself outline planning permission to build 61 affordable dwellings on a longstanding sports field was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 11th July 2022

Source: www.localgovernmentlawyer.co.uk

New measures in Leicester to tackle rogue landlords – BBC News

Posted July 13th, 2022 in consultations, housing, landlord & tenant, licensing, local government, news by tracey

‘New licensing measures are being introduced in parts of Leicester to help tackle rogue landlords, the city council said.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Case Preview: Hillside Parks Limited v Snowdonia National Park Authority – UKSC Blog

Posted July 8th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’

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UKSC Blog, 7th July 2022

Source: ukscblog.com

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

Posted July 8th, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, rent, repossession by sally

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

ECHR dismisses discrimation claim against council housing policy for Orthodox Jewish community – Local Government Lawyer

Posted July 4th, 2022 in equality, housing, human rights, Judaism, local government, news, references to European Court by tracey

‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk