Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary

Posted January 12th, 2022 in housing, landlord & tenant, news, tribunals by tracey

‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’

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Courts and Tribunals Judiciary , 11th January 2022

Source: www.judiciary.uk

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds – Local Government Lawyer

‘A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority’s social housing allocation policy disadvantaged the family.’

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Local Government Lawyer, 6th January 2022

Source: www.localgovernmentlawyer.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Homeowner who poisoned protected tree that overlooked his house ordered to pay £80,000 – The Independent

Posted December 17th, 2021 in criminal damage, fines, housing, news, planning, trees by michael

‘A homeowner has been ordered to pay £80,000 for using a deadly herbicide to poison a protected tree that was overlooking his home.’

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The Independent, 17th December 2021

Source: www.independent.co.uk

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Owners of flats near Tate Modern take privacy case to supreme court – The Guardian

Posted December 6th, 2021 in appeals, housing, news, nuisance, planning, privacy, Supreme Court by sally

‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’

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The Guardian, 6th December 2021

Source: www.theguardian.com

Grace period in a time of Covid – UK Human Rights Blog

Posted December 1st, 2021 in asylum, coronavirus, delay, deportation, detention, housing, human rights, immigration, news by sally

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

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UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Court of Appeal rejects appeal in homelessness case over level of inquiries made – Local Government Lawyer

Posted November 30th, 2021 in appeals, homelessness, housing, local government, news, reasons by tracey

‘The Court of Appeal has dismissed a claim that a London borough made insufficient inquiries into the reason why an appellant was homeless.’

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Local Government Lawyer, 29th November 2021

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

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gov.uk, 25th November 2021

Source: www.gov.uk

Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library

Posted November 26th, 2021 in bills, housing, leases, news, parliament, rent by tracey

‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’

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House of Commons Library , 25th November 2021

Source: commonslibrary.parliament.uk

Vagrancy: Government urged to decriminalise rough sleeping – BBC News

Posted November 25th, 2021 in government departments, homelessness, housing, news, vagrancy by sally

‘A group of peers are urging the government to repeal the Vagrancy Act which makes it a criminal offence to sleep rough or beg in England and Wales.’

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BBC News, 25th November 2021

Source: www.bbc.co.uk

High Court judge rejects appeal by couple over listing of property as two self-contained units for purposes of council tax – Local Government Lawyer

Posted November 25th, 2021 in appeals, council tax, housing, local government, news, valuation by sally

‘A couple has lost a High Court appeal over a council tax valuation dispute with Oxford City Council.’

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Local Government Lawyer, 25th November 2021

Source: www.localgovernmentlawyer.co.uk

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer

‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 23rd November 2021

Source: www.localgovernmentlawyer.co.uk

Recitation is not application – Nearly Legal

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal

‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’

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Nearly Legal, 16th November 2021

Source: nearlylegal.co.uk

Review or repetition? – Nearly Legal

Posted November 12th, 2021 in electronic mail, homelessness, housing, judicial review, London, news by tracey

‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’

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Nearly Legal, 11th November 2021

Source: nearlylegal.co.uk