‘The Upper Tribunal considered the status of service charges recovered by a manager appointed under section 24 of the Landlord and Tenant Act 1987.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘The Court of Appeal has upheld the decisions of two councils where reviewing officers had considered the Public Sector Equality Duty without making clear findings as to whether the applicant in each case was disabled, and concluded that those applicants were not vulnerable. Michael Paget, Zoë Whittington, Catherine Rowlands and Rowan Clapp report.’
Local Government Lawyer, 17th April 2020
Source: www.localgovernmentlawyer.co.uk
‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’
Pump Court Chambers, 7th April 2020
Source: www.pumpcourtchambers.com
‘Today [2 April] the Court of Appeal handed down judgment in James v Hertsmere Borough Council [2020] EWCA Civ 489. The judgment answered a question that has been troubling homelessness lawyers for several years now: does the County Court have jurisdiction, when hearing homelessness appeals, to consider challenges to councils’ ‘contracting-out’ processes?’
Garden Court Chambers, 2nd April 2020
Source: www.gardencourtchambers.co.uk
‘In Freehold Properties 250 Ltd v Field and others [2020] EWHC 792 (Ch) (Marcus Smith J) the court considered: (i) whether a tenant has a right to enfranchise under the Leasehold Reform Act 1967 (“the 1967 Act”) where the structural parts (i.e. the roof, foundations and load-bearing walls) of the house are excluded from the demise; and (ii) whether the exclusion of the structural parts is void under s.23(1) of the 1967 Act.’
Each Other, 14th April 2020
Source: www.tanfieldchambers.co.uk
‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’
Nearly Legal, 12th April 2020
Source: nearlylegal.co.uk
‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’
UK Human Rights Blog, 8th April 2020
Source: ukhumanrightsblog.com
‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’
Local Government Lawyer, 8th April 2020
Source: www.localgovernmentlawyer.co.uk
‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’
Nearly Legal, 6th April 2020
Source: nearlylegal.co.uk
‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’
Nearly Legal, 6th April 2020
Source: nearlylegal.co.uk
‘Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.’
Local Government Lawyer, 6th April 2020
Source: www.localgovernmentlawyer.co.uk
‘With the government ordering people to stay at home during the COVID-19 global pandemic, questions necessarily arise for those whose “home” is a rented property. What does this mean for landlords and tenants alike? Broadly, whilst the Government made loud promises about banning evictions, the Coronavirus Act 2020 makes more ‘watered down’ provision, giving greater comfort to landlords but potentially leaving tenants mired in uncertainty.’
Henderson Chambers, 27th March 2020
‘Councils cannot treat disabled facilities grant (DFG) applications from council tenants differently to those from others, the High Court has ruled.’
Local Government Lawyer, 3rd April 2020
Source: www.localgovernmentlawyer.co.uk
‘A housing association has lost an appeal over whether it granted an inter-generational tenancy to a resident.’
Local Government Lawyer, 3rd April 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’
Local Government Lawyer, 26th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and – to the point here – restrictions on individual movement.’
Nearly Legal, 26th March 2020
Source: nearlylegal.co.uk
‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’
Nearly Legal, 26th March 2020
Source: nearlylegal.co.uk
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