‘While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider.’
Nearly Legal, 26th June 2022
Source: nearlylegal.co.uk
‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’
House of Commons Library , 25th June 2022
Source: commonslibrary.parliament.uk
‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’
The Guardian, 26th June 2022
Source: www.theguardian.com
‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’
Nearly Legal, 21st June 2022
Source: nearlylegal.co.uk
The High Court has quashed Bristol City Council’s grant of planning permission for a 62-home development on a former zoo car park, following a judicial review claim that argued the local authority based its decision on a flawed planning officer’s report.
Local Government Lawyer, 21st June 2022
Source: www.localgovernmentlawyer.co.uk
‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’
Nearly Legal, 19th June 2022
Source: nearlylegal.co.uk
‘This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially reviewed. The case concerned an application for a management transfer following threats of domestic abuse made to the Claimant, TRX, by X, her former partner. The Claimant brought 6 grounds of review after her request for a management transfer was refused by the Defendant. ‘
Nearly Legal, 19th June 2022
Source: nearlylegal.co.uk
‘A Westminster councillor has received damages in a libel case against the BBC after the news organisation misidentified her as another BAME politician who had been accused of housing fraud.’
Local Government Lawyer, 17th June 2022
Source: www.localgovernmentlawyer.co.uk
‘Measures to tackle unscrupulous private landlords who evict tenants without giving a reason or who let unsafe homes, will be introduced under government proposals aimed at giving a better deal for millions of renters in England.’
The Guardian, 15th June 2022
Source: www.theguardian.com
‘This briefing considers debate about responsibility for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It covers provisions in the Building Safety Act 2022.’
House of Commons Library, 9th June 2022
Source: commonslibrary.parliament.uk
‘Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin). This was a judicial review of LB Southwark’s refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant’s current overcrowding in a private tenancy was a ‘deliberate act’. It is something of a sequel to Flores in 2020 (our note here), raising further issues with LB Southwark’s policy on overcrowding priority and ‘deliberate acts’.’
Nearly Legal, 5th June 2022
Source: nearlylegal.co.uk
‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’
Local Government Lawyer, 6th June 2022
Source: www.localgovernmentlawyer.co.uk
‘More people will get access to free expert legal advice to give them the best chance of keeping their home when they fall into difficult financial times, backed by over £10 million of extra funding injected into housing legal aid every year.’
Ministry of Justice, 31st May 2022
Source: www.gov.uk
‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’
The Guardian, 5th June 2022
Source: www.theguardian.com
‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’
Local Government Lawyer, 26th May 2022
Source: www.localgovernmentlawyer.co.uk
‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’
Local Government Lawyer, 26th May 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’
Nearly Legal, 19th May 2022
Source: nearlylegal.co.uk
‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’
Local Government Lawyer, 17th May 2022
Source: www.localgovernmentlawyer.co.uk
‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’
Nearly Legal, 15th May 2022
Source: nearlylegal.co.uk
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