Adjacent flats: a new installation for Tate Modern? – UK Human Rights Blog

Posted February 14th, 2020 in appeals, housing, injunctions, news, nuisance, planning by sally

‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Housing Ombudsman issues guidance for landlords on responding to complaints – Local Government Lawyer

‘The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.’

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Local Government Lawyer, 12th February 2020

Source: www.localgovernmentlawyer.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Out of time but not out of mind – Nearly Legal

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Landmark Court of Appeal judgment criticises the use of wide injunctions which target Gypsy and Traveller encampments – Garden Court Chambers

Posted January 30th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.’

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Garden Court Chambers, 21st January 2020

Source: www.gardencourtchambers.co.uk

London Borough of Southwark v Royce & Nicoue [2019] UKUT 331 (LC) – Tanfield Chambers

‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Green Space Borough-Wide Preventative Injunctions: The Final Stage? – Hardwicke Chambers

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘Steven Woolf examines the decision in London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12.’

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Hardwicke Chambers, 22nd January 2020

Source: hardwicke.co.uk

Court of Appeal upholds the right to roam of Romany and Travellers – UK Human Rights Blog

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’

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UK Human Rights Blog, 27th January 2020

Source: ukhumanrightsblog.com

Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer

‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower fire: Second phase of inquiry to begin – BBC News

‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

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Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

Unregulated accommodation – Family Law Week

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

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Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

London borough recovers council home and £105,000 after securing housing fraud conviction – Local Government Lawyer

Posted January 21st, 2020 in fraud, housing, local government, news by sally

‘The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.’

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Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

When to disapply subordinate legislation – Law Society’s Gazette

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

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Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent

‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Tenancy deposit – unserved prescribed information – Nearly Legal

Posted January 13th, 2020 in deposits, housing, landlord & tenant, news, notification by sally

‘Liaw v Sohal. Central London County Court, 10 January 2019. (unreported elsewhere, we’ve seen the approved judgment). A county court first instance deposit claim decision, but with elements of interest and broader relevance (as well as some lessons to landlords as to how not to conduct a case.).

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Nearly Legal, 11th January 2020

Source: nearlylegal.co.uk

Leasehold reform plans branded ‘nothing more than tinkering’ – The Guardian

‘The Law Commission has set out a range of proposals which it said will make it cheaper for Britain’s 4 million leaseholders to buy their freehold or extend their lease. However, the reforms were immediately branded by campaigners as “nothing more than tinkering”.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

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Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk