‘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

How many reviews? – Nearly Legal

Posted February 15th, 2019 in electricity, homelessness, housing, landlord & tenant, local government, news by sally

‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Tate Modern wins privacy case brought by owners of £4m flats – The Guardian

Posted February 13th, 2019 in housing, news, nuisance, privacy by sally

‘One of Tate Modern’s most popular areas, a top-floor terrace that offers spectacular 360-degree views of London, is to remain fully open after neighbours lost a privacy case.’

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The Guardian, 12th February 2019

Source: www.theguardian.com

Planning appeal decisions could be cut by 5 months – Ministry of Housing, Communities & Local Government

Posted February 12th, 2019 in appeals, delay, housing, planning, press releases, reports by tracey

‘Independent review says the average time to decide a planning appeal inquiry could be slashed from 47 to 26 weeks.’

Full press release

Ministry of Housing, Communities & Local Government , 12th February 2019

Source: www.gov.uk/government/organisations/ministry-of-housing-communities-and-local-government

Judges reject bias claim against Jewish housing association – The Guardian

Posted February 6th, 2019 in bias, equality, housing, Judaism, news, religious discrimination by tracey

‘A row about allocation of scarce housing could be heading for the court of appeal after judges rejected a claim that a housing association broke equality laws with its policy of providing homes only to Orthodox Jews.’

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The Guardian, 6th February 2019

Source: www.theguardian.com

Single mother takes government to court after being forced into homelessness due to housing benefit shortfall – The Independent

Posted January 31st, 2019 in benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’

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The Independent, 31st January 2019

Source: www.independent.co.uk

Housing association defeats defence against eviction based on ‘cuckooing’ – Local Government Lawyer

‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’

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Local Government Lawyer, 24th January 2019

Source: www.localgovernmentlawyer.co.uk

Relevance and homelessness – Nearly Legal

Posted January 23rd, 2019 in homelessness, housing, local government, news by sally

‘Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996. (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting that Sandwell has a review panel (whether officer or councillor-led is not clear from the report), which appears to work by way of meetings; such panels, which were frequently constituted prior to and just after the 1996 Act, are rare these days, reviews being conducted commonly by a single officer.)’

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Nearly Legal, 21st January 2019

Source: nearlylegal.co.uk

Council pays rogue landlord £500,000 in housing benefit – The Guardian

Posted January 21st, 2019 in benefits, housing, local government, news by tracey

‘A repeatedly convicted landlord, ruled unfit to rent out property in a north London borough in 2015, has since received more than £500,000 in housing benefit payments from the same council that banned him. The discovery that a local authority is directly paying public money to a landlord its own officers describe as “rogue” is the latest example of the ineffective regulations designed to police the private rented sector’s worst offenders.’

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The Guardian, 20th January 2019

Source: www.theguardian.com

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk