Allocation Policy – Local Government Law

Posted April 25th, 2019 in equality, housing, local government, news, race discrimination, refugees, travellers by tracey

‘In conjoined appeals, (2019) EWCA Civ 692, R (Gullu) v Hillingdon LBC and R (Ward) v Hillingdon LBC, the Court of Appeal considered the lawfulness of Hillingdon’s housing allocation policy. The policy prioritised people who had been resident in the local area for 10 years. That was found to discriminate indirectly against protected groups.’

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Local Government Law, 23rd April 2019

Source: local-government-law.11kbw.com

Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in appeals, contracts, estate agents, housing, news, Supreme Court by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

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UKSC Blog, 24th April 2019

Source: ukscblog.com

High court suspends Home Office policy limiting support for slavery victims – The Guardian

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

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The Guardian, 17th April 2019

Source: www.theguardian.com

No rogue landlords issued with banning orders in 12 months – The Guardian

Posted April 15th, 2019 in defective premises, housing, landlord & tenant, local government, news by michael

‘Not a single rogue landlord has been issued with one of the government’s new banning orders, a year after the key new power in the battle to root out the country’s worst rental property owners was launched.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

Solicitor convicted of subletting council home – Legal Futures

‘A solicitor’s conviction for illegally subletting his council flat has been upheld after he lost his appeal against a suspended jail sentence.’

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Legal Futures, 12th April 2019

Source: www.legalfutures.co.uk

Two-thirds of councils say they can’t afford to comply with homelessness law – The Guardian

Posted April 10th, 2019 in benefits, budgets, homelessness, housing, local government, news, statistics by sally

‘The Homelessness Reduction Act, in operation for the past 12 months, is potentially the greatest piece of homelessness legislation for 40 years in England, according to Southwark council in south London. The Labour-run council pioneered the government’s new flagship act, and is upbeat about it. While homelessness went up in the borough last year, as it did across London, the rise was less steep than expected: 8.6% for families placed in temporary accommodation and a similarly small increase for rough sleepers. At the same time, there was also a 50% increase in the number of people the council helped to stay in their home. “It shows the act works,” says the council’s cabinet member for housing, Stephanie Cryan.’

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The Guardian, 10th April 2019

Source: www.theguardian.com

Ending duties after the HRA – Nearly Legal

‘This is a settled judicial review, I’ve seen the grounds, interim order and final consent order. It raises a number of issues about the performance of the new Housing Act 1996 Part VII duties as amended by the Homelessness Reduction Act 2017.’

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Nearly Legal, 7th April 2019

Source: nearlylegal.co.uk

Councils face a losing battle as they crack down on rogue landlords – The Guardian

‘Despite dawn raids and legal action, the number of unlicensed rentals in houses of multiple occupation continues to grow.’

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The Guardian, 7th April 2019

Source: www.theguardian.com

Council wins Court of Appeal battle over moving homeless applicant – Local Government Lawyer

Posted March 28th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Someone who does not appeal against a local authority review decision that it has discharged its duty towards them as being homeless cannot later challenge that decision in a subsequent application, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th March 2019

Source: www.localgovernmentlawyer.co.uk

Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer

‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

‘Mortgage prisoners’ given help by City regulator – BBC News

Posted March 26th, 2019 in financial regulation, housing, mortgages, news by sally

‘A change of rules aimed at helping lower the housing costs of thousands of so-called “mortgage prisoners” has been proposed by the City watchdog.’

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BBC News, 26th March 2019

Source: www.bbc.co.uk

Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch) – Tanfield Chambers

Posted March 20th, 2019 in housing, news, nuisance, privacy by sally

‘The claim related to a public viewing platform on the 10th Floor of the Tate Modern art gallery in Central London. The gallery overlooked a modern residential development approx.35m away with striking floor to ceiling windows. As a result, visitors using the platform could see into the living areas of the flats. There was evidence that there were up to 300 visitors at a time, and that a significant minority waived and shouted at the occupiers of the flats, took photos and posted pictures of the interiors of the flats on social media. The owners of the flats brought a claim for private nuisance against the trustees of the gallery.’

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Tanfield Chambers, 22nd February 2019

Source: www.tanfieldchambers.co.uk

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

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Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

Government issues guidance for local authorities on Homes (Fitness for Human Habitation) Act 2018 – Local Government Lawyer

Posted March 8th, 2019 in housing, local government, news by sally

‘The Ministry for Housing, Communities and Local Government has issued non-statutory guidance and advice to local authorities on the Homes (Fitness for Human Habitation) Act 2018.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects legal duty for council tax purposes to disclose fact of residence – Local Government Lawyer

‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

‘Right to Rent’ checks breach human rights – High Court – BBC News

‘Rules aimed at preventing illegal immigrants from renting properties are “discriminatory” and breach human rights laws, the High Court has ruled.’

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BBC News, 1st March 2019

Source: www.bbc.co.uk

Selling matrimonial property – Family Law

Posted March 1st, 2019 in divorce, families, financial dispute resolution, housing, news by tracey

‘Following a separation with a spouse or partner, it is common for a property to be sold. Jason Weeks, CEO & Co-Founder of Vendorable.com, a global platform for real estate services, looks at this issue.’

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Family Law, 1st March 2019

Source: www.familylaw.co.uk

Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Knotweed: what should the legislators be doing? – Hardwicke Chambers

Posted February 19th, 2019 in environmental health, environmental protection, housing, inquiries, mortgages, news by sally

‘On 22 January 2019 the House of Commons Science & Technology Committee (“STC”) held an inquiry into “Japanese knotweed and the built environment”. It received written submissions from 27 interested parties, ranging from the Law Society and Royal Horticultural Society to companies specialising in the treatment of non-native invasive species and concerned individuals.’

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Hardwicke Chambers, 11th February 2019

Source: hardwicke.co.uk