Green Space Borough-Wide Preventative Injunctions: The Final Stage? – Hardwicke Chambers

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘Steven Woolf examines the decision in London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12.’

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Hardwicke Chambers, 22nd January 2020

Source: hardwicke.co.uk

Court of Appeal upholds the right to roam of Romany and Travellers – UK Human Rights Blog

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by tracey

‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’

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UK Human Rights Blog, 27th January 2020

Source: ukhumanrightsblog.com

Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer

‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower fire: Second phase of inquiry to begin – BBC News

‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

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Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

Unregulated accommodation – Family Law Week

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

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Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

London borough recovers council home and £105,000 after securing housing fraud conviction – Local Government Lawyer

Posted January 21st, 2020 in fraud, housing, local government, news by sally

‘The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.’

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Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

When to disapply subordinate legislation – Law Society’s Gazette

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

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Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent

‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Tenancy deposit – unserved prescribed information – Nearly Legal

Posted January 13th, 2020 in deposits, housing, landlord & tenant, news, notification by tracey

‘Liaw v Sohal. Central London County Court, 10 January 2019. (unreported elsewhere, we’ve seen the approved judgment). A county court first instance deposit claim decision, but with elements of interest and broader relevance (as well as some lessons to landlords as to how not to conduct a case.).

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Nearly Legal, 11th January 2020

Source: nearlylegal.co.uk

Leasehold reform plans branded ‘nothing more than tinkering’ – The Guardian

Posted January 10th, 2020 in consultations, housing, human rights, Law Commission, leases, news, statute law revision by tracey

‘The Law Commission has set out a range of proposals which it said will make it cheaper for Britain’s 4 million leaseholders to buy their freehold or extend their lease. However, the reforms were immediately branded by campaigners as “nothing more than tinkering”.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

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Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk

Proposals for changes to Housing Possession Court Duty Scheme “do not address fundamental issues of sustainability”: Law Society – Local Government Lawyer

Posted January 8th, 2020 in consultations, fees, housing, Ministry of Justice, news, repossession by sally

‘A Ministry of Justice consultation on proposed changes to the Housing Possession Court Duty Scheme (HPCDS) fails to address the fundamental issues of sustainability, the Law Society has claimed.’

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Local Government Lawyer, 7th January 2020

Source: www.localgovernmentlawyer.co.uk

Council rapped over treatment of pregnant woman who was made homeless – Local Government Lawyer

Posted January 8th, 2020 in duty of care, homelessness, housing, local government, news, ombudsmen, pregnancy by sally

‘The London Borough of Tower Hamlets has agreed to consider service resources and “the changes it needs to make to work in line with the law” after a Local Government and Social Ombudsman investigation into how a pregnant woman, who approached the council for help when she was made homeless, was left in an unfurnished flat, miles from her support network.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

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Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Housing benefits, human rights and possession claims – Local Government Lawyer

Posted December 17th, 2019 in benefits, housing, landlord & tenant, news, repossession, Supreme Court by tracey

‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’

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Local Government Lawyer, 17th December 2019

Source: www.localgovernmentlawyer.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk