Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

Full Story

Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge issues mandatory order requiring London borough to secure suitable accommodation for family within 12 weeks – Local Government Lawyer

Posted August 8th, 2022 in children, disabled persons, homelessness, housing, local government, London, news by tracey

‘The London Borough of Lambeth has been told by the High Court to find accommodation for a family within 12 weeks even though the applicant wishes to live outside the borough.’

Full Story

Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds severe maladministration at housing association over failings in response to silverfish infestation – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at housing association Metropolitan Thames Valley (MTVH) over its failings in responding to a silverfish infestation at a resident’s flat.’

Full Story

Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Housing authority acquisitions policies – Local Government Lawyer

Posted August 4th, 2022 in homelessness, housing, local government, news by tracey

‘The Court of Appeal has recently ruled that a local housing authority failed to comply with its own acquisitions policy. Stathis Kosteletos, Clive Adams and Jonathan Hulley examine the ruling.’

Full Story

Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects as “academic” judicial review claim over ending of ‘Everyone In’ homelessness scheme – Local Government Lawyer

‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’

Full Story

Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Homelessness updates – Nearly Legal

Posted August 2nd, 2022 in homelessness, housing, local government, news by tracey

‘Abdikadir v London Borough of Ealing (2022) EWCA Civ 979. Where an offer of out of borough accommodation had been made and refused, and a discharge of duty upheld on review, did the council’s failure to notify the other council under section 208(2) Housing Act 1996 mean that the review was invalidated?’

Full Story

Nearly Legal, 31st July 2022

Source: nearlylegal.co.uk

Goring Gap: High Court overturns 475-home development plan – BBC News

Posted August 2nd, 2022 in appeals, housing, local government, news, parks, planning by tracey

‘Plans to build 475 houses in Worthing have been overturned by a High Court judge.’

Full Story

BBC News, 1st August 2022

Source: www.bbc.co.uk

Rent Repayment Orders in the Upper Tribunal – Nearly Legal

Posted July 18th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors.’

Full Story

Nearly Legal, 17th July 2022

Source: nearlylegal.co.uk

Affordability and intentional homelessness – assessments and guidance – Nearly Legal

Posted July 14th, 2022 in homelessness, housing, local government, news, rent, tax credits by tracey

‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’

Full Story

Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Regulator of Social Housing launches first of its kind investigation into for-profit housing provider – Local Government Lawyer

Posted July 14th, 2022 in financial regulation, housing, news, standards by tracey

‘A housing provider specialising in shared ownership which operates in more than 190 local authority areas in the United Kingdom is under investigation by the Regulator of Social Housing over financial and governance compliance concerns.’

Full Story

Local Government Lawyer, 12th July 2022

Source: www.localgovernmentlawyer.co.uk

Lack of regard for council planning policy on playing fields led to unlawful planning permission, High Court finds – Local Government Lawyer

Posted July 13th, 2022 in housing, local government, news, parks, planning, sport by tracey

‘A decision by Leeds City Council to grant itself outline planning permission to build 61 affordable dwellings on a longstanding sports field was unlawful, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 11th July 2022

Source: www.localgovernmentlawyer.co.uk

New measures in Leicester to tackle rogue landlords – BBC News

Posted July 13th, 2022 in consultations, housing, landlord & tenant, licensing, local government, news by tracey

‘New licensing measures are being introduced in parts of Leicester to help tackle rogue landlords, the city council said.’

Full Story

BBC News, 13th July 2022

Source: www.bbc.co.uk

Case Preview: Hillside Parks Limited v Snowdonia National Park Authority – UKSC Blog

Posted July 8th, 2022 in appeals, housing, local government, news, planning, Supreme Court by sally

‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’

Full Story

UKSC Blog, 7th July 2022

Source: ukscblog.com

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

Full Story

Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

ECHR dismisses discrimation claim against council housing policy for Orthodox Jewish community – Local Government Lawyer

‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’

Full Story

Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Everyone in – Lambeth lacking a policy – Nearly Legal

‘While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider.’

Full Story

Nearly Legal, 26th June 2022

Source: nearlylegal.co.uk

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by tracey

‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’

Full Story

House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

Full Story

The Guardian, 26th June 2022

Source: www.theguardian.com

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

Full Story

Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

Full Story

Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk