housing – Page 31 – Current Awareness

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

Posted August 9th, 2021 in adjournment, courts, housing, human rights, judicial review, landlord & tenant, legal aid, magistrates, mental health, news, repossession by sally

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

No power to accept late review request – Nearly Legal

Posted August 9th, 2021 in appeals, housing, judicial review, landlord & tenant, local government, news, repossession, statutory interpretation, Supreme Court by sally

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Home Office records 70 racist incidents by far right at asylum accommodation – The Guardian

Posted August 9th, 2021 in asylum, detention, government departments, housing, immigration, news, racism, threatening behaviour, violence by sally

‘The Home Office has recorded 70 racist incidents by far-right supporters against asylum seekers in barracks and hotel accommodation, according to a freedom of information response obtained by the Guardian.’

The Guardian, 8th August 2021

Source: www.theguardian.com

High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer

Posted August 5th, 2021 in housing, landlord & tenant, leases, news, notification, time limits by sally

‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’

Local Government Lawyer, 5th August 2021

Source: www.localgovernmentlawyer.co.uk

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

Posted July 30th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by sally

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

Posted July 29th, 2021 in asylum, detention, false imprisonment, government departments, housing, human rights, immigration, mental health, news, torture, trafficking in human beings by sally

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Not so full and frank disclosure – Nearly Legal

Posted July 29th, 2021 in disclosure, housing, injunctions, landlord & tenant, mental health, news, nuisance by sally

‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’

Nearly Legal, 27th July 2021

Source: nearlylegal.co.uk

Should We Have The Right To Housing? – Each Other

Posted July 27th, 2021 in coronavirus, housing, human rights, landlord & tenant, news, statistics by sally

‘In our new Visions of Human Rights series – we look at issues and social concerns that we currently don’t have the right to – but ones that charities and activists are asking to be reconsidered. During the pandemic, the spaces we have been confined to or unable to move from were under the spotlight like never before. Today Hannah Shewan Stevens looks at whether we should have the right to housing.’

Each Other, 26th July 2021

Source: eachother.org.uk

More than 50 died in Home Office asylum seeker accommodation in past five years – The Guardian

Posted July 26th, 2021 in asylum, death in custody, detention, government departments, housing, immigration, news, statistics by sally

‘More than 50 people have died in Home Office asylum seeker accommodation in the last five years, with the number increasing steeply over the past 18 months, the Guardian has learned.’

The Guardian, 25th July 2021

Source: www.theguardian.com

High Court criticises Magistrates Court for failure to state a case in closure order dispute – Local Government Lawyer

Posted July 23rd, 2021 in adjournment, housing, landlord & tenant, legal aid, local government, mental health, news, repossession by sally

‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’

Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

Building Safety Bill – Commons Library Research Briefing

Posted July 19th, 2021 in accidents, bills, building law, construction industry, fire, health & safety, housing, news, parliament by michael

‘Second Reading of the Building Safety Bill (Bill 132 of 2021-22) is expected to take place on Wednesday 21 July.’

House of Commons Library, 16th July 2021

Source: commonslibrary.parliament.uk

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by sally

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Proposed changes to the Defective Premises Act – Practical Law: Construction Blog

Posted July 14th, 2021 in bills, building law, compensation, construction industry, housing, news, time limits by sally

‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’

Practical Law: Construction Blog, 13th July 2021

Source: constructionblog.practicallaw.com

Migrant rough sleeper facing eviction from London accommodation – The Guardian

Posted July 13th, 2021 in homelessness, hotels, housing, immigration, local government, news by sally

‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’

The Guardian, 12th July 2021

Source: www.theguardian.com

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

Posted July 8th, 2021 in chambers articles, debts, housing, landlord & tenant, news, rent, stay of proceedings by sally

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

Posted July 8th, 2021 in bills, building law, enforcement, health & safety, housing, landlord & tenant, local government, news by sally

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

Posted July 7th, 2021 in accidents, bereavement, building law, class actions, compensation, construction industry, damages, families, fire, fire services, health & safety, housing, inquiries, landlord & tenant, local government, negligence, news, personal injuries, statutory duty, victims by sally

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

The Guardian, 6th July 2021

Source: www.theguardian.com

The Building Safety Bill – Nearly Legal

Posted July 6th, 2021 in bills, building law, health & safety, housing, landlord & tenant, leases, limitations, news by sally

‘This is, so we have been repeatedly told, the vehicle through which the government will save leaseholders from having to pay life-changing sums to remediate the fire safety defects which are so prevalent at blocks of flats across the country. The headline is that it does not do that (nor does it contain the details of the much delayed loan scheme). To the contrary, this Bill creates a bespoke process by which landlords of “higher-risk” buildings can recover their building safety costs even if their leases do not let them do so.’

Nearly Legal, 5th July 2021

Source: nearlylegal.co.uk

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