Army families suing MoD for poor housing told to drop claims or have pay docked – The Guardian

‘Army families suing the Ministry of Defence over the squalor of their living quarters are being issued with “bullying” ultimatums to drop the claims or face having their pay docked to cover the legal costs.’

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The Guardian, 13th November 2022

Source: www.theguardian.com

Landlord was warned of mould that killed toddler in Rochdale flat – The Guardian

‘A health visitor wrote to housing officials expressing concern about conditions in a rented flat months before a two-year-old died after his exposure to mould.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

Clicks, pops and nuisance – Nearly Legal

Posted November 7th, 2022 in expert witnesses, housing, leases, news, noise, nuisance by tracey

‘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.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

Slough woman unable to access upstairs because of council grant delay, Ombudsman finds – Local Government Lawyer

Posted November 7th, 2022 in compensation, delay, disabled persons, housing, local government, news, ombudsmen by tracey

‘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.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘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.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by tracey

‘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.’

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Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘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.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘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.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

HMOs, overcrowding standards and reasonableness of accommodation – Nearly Legal

‘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.’

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Nearly Legal, 24th October 2022

Source: nearlylegal.co.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted October 25th, 2022 in bills, consultations, housing, landlord & tenant, news, repossession by sally

‘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.’

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House of Commons Library, 24th October 2022

Source: commonslibrary.parliament.uk

Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

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Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘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.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

High Court to hear judicial review of Local Plan brought by parish council in attempt to block construction of 27 dwellings – Local Government Lawyer

Posted October 18th, 2022 in housing, judicial review, local government, news, planning by sally

‘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.’

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Local Government Lawyer, 17th October 2022

Source: www.localgovernmentlawyer.co.uk

No cause of action at common law for wrongful eviction – Nearly Legal

Posted October 17th, 2022 in company law, housing, insolvency, landlord & tenant, liquidators, news, repossession by sally

“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.”

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Nearly Legal, 16th October 2022

Source: nearlylegal.co.uk

Council makes its first Interim Management Order to take over running of HMO following failings of landlord – Local Government Lawyer

‘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.’

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Local Government Lawyer, 11th October 2022

Source: www.localgovernmentlawyer.co.uk

Vegan who said tackling mouse infestation was ‘against ethical beliefs’ is fined – The Independent

Posted October 12th, 2022 in animals, environmental health, fines, housing, local government, news, veganism by tracey

‘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.’

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The Independent, 12th October 2022

Source: www.independent.co.uk

Council houses perpetrator’s relative in same street as abuse victim – BBC News

‘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.’

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BBC news, 11th October 2022

Source: www.bbc.co.uk

Understanding the risk of discharge of duty – Nearly Legal

Posted October 11th, 2022 in appeals, housing, interpreters, local government, news by tracey

‘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.’

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Nearly Legal, 9th October 2022

Source: nearlylegal.co.uk

Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘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.’

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The Guardian, 23rd September 2022

Source: www.theguardian.com