A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal

‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’

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Nearly legal, 20th May 2021

Source: nearlylegal.co.uk

Council secures “first of its kind” High Court injunction against residents to stop them living in unsafe house in multiple occupation – Local Government Lawyer

Posted May 19th, 2021 in health & safety, housing, injunctions, local government, news by sally

‘Thurrock Council has been granted an interim injunction by the High Court to prevent two residents living in an unsafe House in Multiple Occupation (HMO).’

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Local Government Lawyer, 18th May 2021

Source: www.localgovernmentlawyer.co.uk

Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others – Nearly Legal

‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’

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Nearly Legal, 16th May 2021

Source: nearlylegal.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

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Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Johnson’s planning laws an ‘utter disaster’, say countryside campaigners – The Guardian

‘A dramatic loosening of planning laws to create a housebuilding boom will damage local democracy and destroy swathes of countryside by granting property developers a freer hand to build over green fields, planning experts have warned.’

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The Guardian, 11th May 2021

Source: www.theguardian.com

Rent Repayment Order and legal costs – Nearly Legal

Posted May 10th, 2021 in costs, documents, housing, landlord & tenant, licensing, news, rent by sally

‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’

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Nearly Legal, 9th May 2021

Source: nearlylegal.co.uk

Judge criticises Priti Patel over policy for asylum seekers in pandemic – The Guardian

‘A high court judge has criticised the British home secretary in court and said he found it “extremely troubling” after one of her officials admitted the Home Office might have acted unlawfully in changing its asylum accommodation policy during the pandemic.’

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The Guardian, 6th May 2021

Source: www.theguardian.com

High Court judge says system of city council for accommodating homeless people is unlawful – Local Government Lawyer

Posted April 30th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell survivors condemn ‘grave injustice’ as leaseholders left facing huge bills to remove cladding – The Independent

Posted April 30th, 2021 in accidents, bills, building law, fire, government departments, housing, leases, loans, news, victims by sally

‘Survivors and bereaved relatives from the Grenfell Tower fire disaster say they are furious after parliament voted for measures that will leave householders facing huge bills for removing dangerous cladding from homes.’

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The Independent, 29th April 2021

Source: www.independent.co.uk

Grenfell: Government defeated on fire safety costs bill – BBC News

‘The government has been defeated for a fourth time on its Fire Safety Bill as the House of Lords voted to shield residents from fire safety work costs.’

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BBC News, 27th April 2021

Source: www.bbc.co.uk

Home Office to resume evicting some asylum seekers ‘with immediate effect’ – The Guardian

Posted April 27th, 2021 in asylum, coronavirus, government departments, homelessness, housing, news by sally

‘The Home Office is starting the process of evicting some asylum seekers from their accommodation “with immediate effect” after a pause of almost a year because of the pandemic, according to internal documents seen by the Guardian.’

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The Guardian, 27th April 2021

Source: www.theguardian.com

No overlap between substance and jurisdictional issues – Local Government Lawyer

Posted April 26th, 2021 in contracts, enforcement, housing, jurisdiction, local government, news by sally

‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Kent council fined after mother and son left to live in tent in pandemic – The Guardian

‘A council has been fined after it removed a homeless teenager and his mother from temporary housing during the pandemic, leaving them to sofa surf and live in a tent for two months.’

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The Guardian, 23rd April 2021

Source: www.theguardian.com

Section 204 appeals – weighing medical evidence and ending ‘relief duty’ – Nearly Legal

‘Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court. Two linked s.204 appeals arising from Hackney’s finding that Mr Perrot was not vulnerable for the purposes of priority need – upheld on s.202 review – and Hackney’s decision to end the ‘relief duty’ under section 189B Housing Act 1996, also upheld on review.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

About 700,000 renters served with ‘no-fault’ eviction notices since start of pandemic – The Guardian

Posted April 15th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by sally

‘About 700,000 renters are estimated to have been served with “no-fault” eviction notices since the start of the pandemic, despite a government promise to scrap the practice.’

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The Guardian, 15th April 2021

Source: www.theguardian.com

Rent Repayment Orders and Multiple Offences – 3PB

Posted April 14th, 2021 in chambers articles, housing, landlord & tenant, news by sally

‘The term ‘rogue landlords’ has been around for many years.’

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3PB, 18th March 2021

Source: www.3pb.co.uk

Home Office faces inquiry into use of barracks to house asylum seekers – The Guardian

Posted April 14th, 2021 in asylum, detention, government departments, housing, immigration, inquiries, news by sally

‘MPs and peers from the all-party parliamentary group (APPG) on immigration detention agreed to proceed with the inquiry at a private meeting on 17 March. The cross-party group is due to publish its initial findings before the summer recess and hopes its findings can inform parliamentary discussions about the Home Office’s new plans for asylum seekers.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

Dozens of asylum seekers moved to Napier Barracks despite warnings of ‘unsuitable’ accommodation – The Independent

Posted April 12th, 2021 in asylum, government departments, housing, immigration, mental health, news by sally

‘Dozens of asylum seekers have been moved to Napier Barracks despite concerns from health officials and government watchdogs about its suitability and an ongoing court case into the legality of such housing. Charities and lawyers are concerned that vulnerable people are being wrongly placed in the army camp in Kent, after it emerged one man with severe mental health problems was almost moved to the site “in error”.’

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The Independent, 10th April 2021

Source: www.independent.co.uk

Only 39 rogue landlords and agents hit with banning orders – The Guardian

Posted April 6th, 2021 in housing, landlord & tenant, news, penalties by sally

‘Only 39 landlords and agents have received government banning orders since new powers came into force three years ago to remove England’s worst rental property owners.’

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The Guardian, 5th April 2021

Source: www.theguardian.com