The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020: An Easing of Restrictions in the Residential Property Market – Falcon Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, housing, news by sally

‘On 13 May 2020, the Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 came into force, signaling a start to the tentative easing of the “lockdown” promised by the Prime Minister in his speech on 10 May 2020.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Government to ease requirements on publicity and consultation in latest measures to help planning system operate during COVID-19 – Local Government Lawyer

Posted May 15th, 2020 in consultations, coronavirus, easements, housing, local government, news, planning by sally

‘The Ministry of Housing, Communities and Local Government has announced further, temporary measures to make it easier to operate the planning system during the coronavirus outbreak.’

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Local Government Lawyer, 13th May 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer

‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

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Each Other, 8th May 2020

Source: eachother.org.uk

Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square

‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’

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4-5 Gray's Inn Square, 29th April 2020

Source: www.4-5.co.uk

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

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St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

C19 Possession Proceedings: Current Guidance – Thomas More Chambers

‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’

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Thomas More Chambers, 28th April 2020

Source: www.thomasmore.co.uk

Suitability in the time of Coronavirus – Doughty Street Chambers

Posted May 5th, 2020 in coronavirus, homelessness, housing, local government, news by sally

‘The conditions in which many statutorily homeless people live are frequently sub-optimal. Everyone has an anecdotal story of a family of five provided with temporary accommodation in a studio flat above a nightclub which is accessed via a dark alleyway, which the local authority insist is suitable. A frequent source of controversy is the use of hostels to discharge duties, where potentially highly vulnerable people are required to live with and share facilities with those who they do not know.’

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Doughty Street Chambers, 1st May 2020

Source: insights.doughtystreet.co.uk

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus Q&A: Changes to housing eviction notices – Law Society’s Gazette

‘In these rapidly changing and arguably unsettling times, the government has moved to create legislation to deal with the Covid-19 pandemic.’

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Law Society's Gazette, 29th April 2020

Source: www.lawgazette.co.uk

Appeal judges to rule on legality of Covid-19 practice direction – Litigation Futures

‘The Court of Appeal is to rule on Thursday on the power of the Master of the Rolls (MR) to make an emergency practice direction in response to Covid-19.’

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Litigation Futures, 29th April 2020

Source: www.litigationfutures.com

The Care Act, Article 8 And Local Authority Duties: What Can A Recent Case Tell Us About A Local Authority’s Duty? – Coronavirus: Guidance for Lawyers and Businesses

‘The recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out statutory duties. Arianne Kelly discusses the case and its practical implications following the amendments that the Coronavirus Act made to the Care Act.’

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Coronavirus: Guidance for Lawyers and Businesses, 27th April 2020

Source: lawinthetimeofcorona.wordpress.com

Not signed, not sealed, not delivered – Nearly Legal

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

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Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Staying for clarification – Falcon Chambers

‘Covid-19 has had quite an effect on property lawyers in their professional lives. The stay on Part 55 claims imposed by PD 51Z on 27 March 2020 has stayed part of many practitioners’ day to day work. It has also led, however, to numerous questions. Can possession claims still be issued? Can directions still be followed or sought for possession claims already past the first possession hearing and heading towards trial? What are we supposed to do about trespass cases? Trespassers are not people the Government seemed to be keen to protect when it announced its intention to protect certain categories of occupiers from eviction, yet possession claims against trespassers have been caught in the general stay.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

What property remedies are available during the Covid-19 lockdown? – St Philips Chambers

‘Practice Direction 51Z, which came into force on 27 March 2020, has imposed a general 90-day stay on new and current Part 55 possession proceedings with (as of 20 April 2020) limited exceptions in a new paragraph 2A.’

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St Philips Chambers, 22nd April 2020

Source: st-philips.com

Government successfully appeals in ‘Right to Rent’ case – UK Human Rights Blog

‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’

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UK Human Rights Blog, 22nd April 2020

Source: ukhumanrightsblog.com

Conveyancers calls on government to extend furlough scheme – Legal Futures

Posted April 24th, 2020 in conveyancing, coronavirus, delay, employment, housing, news, remuneration, stamp duty by sally

‘The furlough scheme should be extended for property businesses, like conveyancers, where income required to pay staff will not be available for months after work is undertaken once lockdown is lifted, the government has been told.’

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Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department – Blackstone Chambers

‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’

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Blackstone Chambers, 21st April 2020

Source: www.blackstonechambers.com

Covid-19 and homelessness applications – Doughty Street Chambers

Posted April 22nd, 2020 in chambers articles, coronavirus, homelessness, housing, local government, news by sally

‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’

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Doughty Street Chambers, 17th April 2020

Source: insights.doughtystreet.co.uk

Right to rent rule ‘justified’ finds UK appeal court – The Guardian

‘The government has won an appeal over its controversial right to rent scheme, which was last year ruled by the high court to be racially discriminatory.’

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The Guardian, 21st April 2020

Source: www.theguardian.com