Category: housing

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

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Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

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Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Conveyancers “need not fear” home buying shake-up – Legal Futures

Posted October 30th, 2019 in conveyancing, documents, estate agents, housing, news, solicitors by sally

‘A “single source of truth” that contains all the information about a property before it goes on the market is in the works as part of plans to speed up the home buying and selling process, it has emerged.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Court of Appeal quashes homelessness “vulnerability” decision – Doughty Street Chambers

Posted October 29th, 2019 in appeals, expert witnesses, homelessness, housing, news, psychiatrists by sally

‘The Court of Appeal has given further guidance on the vexed meaning of vulnerability for the purposes of the homelessness provisions in the Housing Act 1996, Part 7, and the handling of medical evidence.’

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Doughty Street Chambers, 22nd October 2019

Source: www.doughtystreet.co.uk

European Court of Human Rights rules against the UK in ‘bedroom tax’ case – Doughty Street Chambers

Posted October 29th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination by sally

‘Today [24 October] the European Court of Human Rights has ruled, in the case of A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence.’

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Doughty Street Chambers, 24th October 2019

Source: www.doughtystreet.co.uk

Bedroom tax, sanctuary schemes and human rights redux – Nearly Legal

Posted October 29th, 2019 in benefits, disability discrimination, domestic violence, housing, human rights, news by tracey

‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’

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Nearly Legal, 27th October 2019

Source: nearlylegal.co.uk

Permission to appeal out of time – the strict approach – Nearly Legal

Posted October 29th, 2019 in homelessness, housing, limitations, news by tracey

‘Emambee v London Borough of Islington (2019) EWHC 2835 (QB). We saw what seemed like a rather harsh refusal on permission to bring a s.204 Housing Act 1996 homelessness appeal out of time in London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) (our note). Here is another one which seems to take a strict view, both on when the s.202 review decision was received, and on delay to obtain legal representation.’

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Nearly Legal , 27th october 2019

Source: nearlylegal.co.uk

Risks facing social housing sector on the rise, warns regulator – Local Government Lawyer

Posted October 24th, 2019 in health & safety, housing, news, rent, reports by sally

‘Strategic and operational risks facing the social housing sector are on the rise, the Regulator of Social Housing’s Sector risk profile 2019 has suggested.’

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Local Government Lawyer, 23rd October 2019

Source: www.localgovernmentlawyer.co.uk

Developer fails in bid to rely on planning permission granted in 1967 – Local Government Lawyer

Posted October 17th, 2019 in housing, local government, news, planning by sally

‘A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.’

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Local Government Lawyer, 16th October 2019

Source: www.localgovernmentlawyer.co.uk

Dishonourable discharge – Nearly Legal

Posted October 15th, 2019 in asylum, homelessness, housing, immigration, judicial review, landlord & tenant, local government, news, refugees, repossession, statutory duty, trafficking in human beings by tracey

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

Scheme giving ex-offenders a stable place to live up and running – Ministry of Justice

Posted October 11th, 2019 in homelessness, housing, Ministry of Justice, press releases, prisons, rehabilitation, statistics by tracey

‘A scheme giving vulnerable ex-offenders stable accommodation to help them rebuild their lives and stay away from crime is now up and running, Prisons Minister Lucy Frazer announced today (10 October 2019).’

Full press release

Ministry of Justice, 10th october 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation – Local Government Lawyer

Posted October 1st, 2019 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).’

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Local Government Lawyer, 1st October 2019

Source: www.localgovernmentlawyer.co.uk

Communities will get legal right to fight ugly buildings in their towns – Daily Telegraph

Posted September 30th, 2019 in environmental protection, housing, news, planning by michael

‘Communities will get the legal right to fight ugly buildings and poorly designed new homes in their towns and villages in new Government guidance to be published on Monday [30 September].’

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Daily Telegraph, 29th September 2019

Source: www.telegraph.co.uk

Mum faced £10k bill to move from rapist neighbour – BBC News

Posted September 20th, 2019 in disabled persons, fees, housing, local government, news, ombudsmen, rape, victims by sally

‘A mother who discovered her disabled daughter’s rapist had moved next door was told she would have repay £10,000 to a council to leave her property.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

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Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Banned leader – Nearly Legal

Posted September 18th, 2019 in fines, housing, landlord & tenant, licensing, magistrates, news by tracey

’43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001. This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order against David Beattie under section 15(1) Housing and Planning Act 2016 and for a rent repayment order under section 41 H&PA 2016.’

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Nearly Legal, 17th September 2019

Source: nearlylegal.co.uk

Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by tracey

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Rent Repayment Orders – who is the landlord? – Nearly Legal

Posted September 17th, 2019 in housing, landlord & tenant, licensing, news, rent by tracey

‘Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision). This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an application for a licence actually made by a landlord. Second, who should a rent repayment order be made against where the ostensible landlord is a company, but the property is owned by the sole director of the company.’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

NRPF: The crisis facing the children of migrants – Family Law Week

Posted September 12th, 2019 in benefits, children, housing, human rights, immigration, local government, news by tracey

‘Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.’

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Family Law Week, 11th September 2019

Source: www.familylawweek.co.uk

Whose windows are these? – Nearly Legal

Posted September 3rd, 2019 in housing, landlord & tenant, news, repairs by sally

‘As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the landlord to keep the property ‘in good condition’ or ‘fit to live in’ made the landlord liable for condensation mould.’

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Nearly Legal, 2nd September 2019

Source: nearlylegal.co.uk