No messing about – Nearly Legal
‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’
Nearly Legal, 4th May 2022
Source: nearlylegal.co.uk
Category: housing
Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer
‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’
Local Government Lawyer, 4th May 2022
Source: www.localgovernmentlawyer.co.uk
Wetlands protection law delays building of new homes in England – The Guardian
‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’
The Guardian, 2nd May 2022
Source: www.theguardian.com
No-fault evictions: 200,000 renters in England served notices in three years – The Guardian
‘More than 200,000 private renters in England have been served eviction notices without doing anything wrong in the three years since the government first promised to ban the practice, housing campaigners have claimed.’
The Guardian, 26th April 2022
Source: www.theguardian.com
One in eight private rented homes poses ‘serious threat’ to occupants’ health, damning report finds – The Independent
‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’
The Independent, 13th April 2022
Source: www.independent.co.uk
What’s the use of a property guardian? – Gatehouse Chambers
‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers
‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers
‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’
No. 5 Chambers, 4th April 2022
Source: www.no5.com
Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog
‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’
UKSC Blog, 4th April 2022
Source: ukscblog.com
Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog
‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’
UKSC Blog, 5th April 2022
Source: ukscblog.com
Suitability, enquiries, gender reassignment and the public sector equality duty – Nearly Legal
‘An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has the protected characteristics of disability and gender reassignment.’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
Court of Appeal rejects appeal over sufficiency of inquiries made by housing options manager – Local Government Lawyer
‘The Court of Appeal has dismissed an appeal over the sufficiency of inquiries made by a borough council to determine the suitability of accommodation offered to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment.’
Local Government Lawyer, 4th April 2022
Source: www.localgovernmentlawyer.co.uk
Service and admin charges – from the Upper Tribunal – Nearly Legal
‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
Fixed term secure tenancies and forfeiture – Nearly Legal
‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’
Nearly Legal, 27th March 2022
Source: nearlylegal.co.uk
Ombudsman calls for stronger regulation of managing agents – Local Government Lawyer
‘A culture clash between a regulated and largely unregulated sector creates challenges for the social housing sector’s engagement with managing agents, according to new research from the Housing Ombudsman.’
Local Government Lawyer, 23rd March 2022
Source: www.localgovernmentlawyer.co.uk
Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer
‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’
Local Government Lawyer, 21st March 2022
Source: www.localgovernmentlawyer.co.uk
Ombudsman makes two severe maladministration findings against major social landlord over handling of temporary move for resident with vulnerabilities – Local Government Lawyer
‘The Housing Ombudsman has made two severe maladministration findings for L&Q’s failure to minimise the disruption of a temporary move for a resident with physical and mental health vulnerabilities.’
Local Government Lawyer, 15th March 2022
Source: www.localgovernmentlawyer.co.uk
Landlord couple ordered to pay £27,000 after renting property ‘not fit for human habitation’ – Local Government Lawyer
‘Husband and wife landlords whose tenants had to live with no heating, broken fire safety equipment and raw sewage outside their Northwood property have been ordered to pay £27,000.’
Local Government Lawyer, 15th March 2022
Source: www.localgovernmentlawyer.co.uk
Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer
‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
Neighbourhood plans and draft Local Plan allocation – Local Government Lawyer
‘A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.’
Local Government Lawyer, 4th March 2022
Source: www.localgovernmentlawyer.co.uk
