housing – Page 2 – Current Awareness

Out of borough accommodation and the homelessness relief duty – raising issues on review – Nearly Legal

Posted February 26th, 2024 in appeals, homelessness, housing, local government, news by tracey

‘Moge v London Borough of Ealing (2023) EWCA Civ 464. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing. Ealing made an offer of a 24 month private tenancy in Hounslow, a neighbouring borough, in discharge of that duty. Ms M did not accept that offer within 7 days. Ealing then decided that she had refused the offer, that its relief duty was ended and, further, it did not owe the full housing duty under section 193.’

Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

UK housebuilders investigated over possible information-sharing – The Guardian

Posted February 26th, 2024 in competition, housing, local government, news, ombudsmen, planning by tracey

‘The UK competition watchdog has opened an investigation into eight housebuilders after evidence they may be sharing commercially sensitive information.’

The Guardian, 26th February 2024

Source: www.theguardian.com

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

Remediation Orders: What you need to know – Local Government Lawyer

Posted February 19th, 2024 in building law, housing, landlord & tenant, local government, news, repairs by tracey

‘Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.’

Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

ASB and disqualification from the housing register – Nearly Legal

Posted February 19th, 2024 in disabled persons, equality, housing, judicial review, landlord & tenant, local government, news, repossession by tracey

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by tracey

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

Posted February 12th, 2024 in anonymity, appeals, civil servants, disclosure, houses in multiple occupation, housing, judicial review, local government, news by tracey

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Claimant wins appeal over lawfulness of housing needs assessment while care proceedings ongoing – Local Government Lawyer

Posted February 8th, 2024 in children, disabled persons, housing, judicial review, local government, news by sally

‘The Royal Borough of Windsor and Maidenhead has lost a High Court judicial review case over whether it correctly assessed the housing needs of a family with two children who have severe disabilities.’

Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Tenant sues landlord claiming UK flat was sublet as he was stranded abroad – The Guardian

Posted February 8th, 2024 in coronavirus, fraud, housing, landlord & tenant, news by tracey

‘A social housing tenant is suing his landlord for £1m in damages, alleging that a housing officer illegally sublet his home when he was stranded abroad at the start of the Covid pandemic in 2020.’

The Guardian, 8th February 2024

Source: www.theguardian.com

High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Home Office drops plan to remove housing protections from asylum seekers – The Guardian

Posted February 8th, 2024 in asylum, government departments, housing, news by sally

‘A controversial policy to remove basic housing protections from asylum seekers has been withdrawn by the government.’

The Guardian, 7th February 2024

Source: www.theguardian.com

Vulnerable family forced to eat Christmas dinner on floor after landlord fails to fix flat – The Independent

Posted February 6th, 2024 in compensation, housing, landlord & tenant, news, ombudsmen, repairs by tracey

‘A mother and her two young children were forced to eat their Christmas dinner on the floor after water flooded their flat and they were moved into temporary accommodation. The housing ombudsman has ordered their landlord, Yorkshire Housing, to pay nearly £4000 to the family after it found they were guilty of severe maladministration over the handling of the leak, damp and mould.’

The Independent, 6th February 2024

Source: www.independent.co.uk

Hillside in practice – Local Government Lawyer

Posted January 30th, 2024 in housing, local government, news, planning, Supreme Court, Wales by tracey

‘Megan Forbes analyses a recent High Court case that has provided guidance on the practical implications of the Supreme Court’s Hillside decision.’

Local Government Lawyer, 26th January 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds “significant delays” in response of council to complaints from vulnerable man left in unsuitable accommodation – Local Government Lawyer

Posted January 25th, 2024 in complaints, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGSCO) has recommended that Peterborough City Council pay more than £2,900 after its delay in revising the housing priority of a vulnerable man.’

Local Government Lawyer, 24th January 2024

Source: www.localgovernmentlawyer.co.uk

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

Posted January 24th, 2024 in appeals, homelessness, housing, human rights, local government, news, statutory duty, Supreme Court by sally

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Accommodating asylum seekers: some recent planning law cases – Local Government Lawyer

Posted January 23rd, 2024 in asylum, housing, local government, news, planning by tracey

‘The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.’

Local Government Lawyer, 19th January 2024

Source: www.localgovernmentlawyer.co.uk

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

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