Category: housing

Mobile home security – Nearly Legal

Posted September 14th, 2018 in housing, landlord & tenant, licensing, news, planning by tracey

‘In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.

Full Story

Nearly Legal, 13th September 2018

Source: nearlylegal.co.uk

Ombudsman finds against council after family left waiting for house adaptations for disabled son for three years – Local Government Lawyer

Posted September 3rd, 2018 in children, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘A severely disabled Doncaster boy’s family has had to wait three years for Doncaster Council to provide them with the special adaptations their home needs, the Local Government and Social Care Ombudsman (LGO) has found.’

Full Story

Local Government Lawyer, 31st August 2018

Source: www.localgovernmentlawyer.co.uk

Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

Full Story

Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

Lettings Agents are Discriminating Against Housing Benefit Tenants, says Shelter – Rights Info

Posted August 23rd, 2018 in benefits, equality, housing, landlord & tenant, news, reports, social security by sally

‘An investigation by Shelter has found many letting agents are refusing to rent to tenants who receive housing benefits.’

Full Story

Rights Info, 22nd August 2018

Source: rightsinfo.org

The Government’s Response To Grenfell ‘Breaches Human Rights’ – Rights Info

Posted August 22nd, 2018 in fire, health & safety, housing, human rights, news by sally

‘The government’s failure to adequately respond to the Grenfell tragedy may breach human rights legislation, according to the UK’s human rights watchdog.’

Full Story

Rights Info, 21st August 2018

Source: rightsinfo.org

Britain flouting human rights over Grenfell-style cladding – The Guardian

Posted August 20th, 2018 in fire, health & safety, housing, human rights, news by sally

‘The government is breaching fundamental obligations to protect its citizens’ right to life by failing to address the systemic problems that led to the Grenfell Tower tragedy, the UK’s human rights watchdog has warned.’

Full Story

The Guardian, 19th August 2018

Source: www.theguardian.com

Social housing tenants to gain powers against rogue landlords – The Guardian

Posted August 14th, 2018 in housing, landlord & tenant, news, parliamentary papers by sally

‘Social housing residents will be empowered to take on rogue landlords under the government’s new strategy, but campaigners have criticised the document which offers no new funding.’

Full Story

The Guardian, 14th August 2018

Source: www.theguardian.com

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, houses in multiple occupation, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

Full Story

Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

Full Story

Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

Posted August 9th, 2018 in fees, houses in multiple occupation, housing, landlord & tenant, licensing, news by sally

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

Full Story

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Council and police ordered to pay £52k to claimant over housing of sex offender – Local Government Lawyer

Posted August 9th, 2018 in children, housing, local government, news, police, sexual offences by tracey

‘Leicester City Council and the Chief Constable of Leicestershire have been ordered by the High Court to pay in all £52,000 to a claimant JW after a level 3 sex offender was housed near to the children’s home in which he lived.’

Full Story

Local Government Lawyer, 8th August 2018

Source: www.localgovernmentlawyer.co.uk

Kamara v Southwark LBC; Leach v St Albans City & District Council; Piper v South Bucks DC – Arden Chambers

Posted August 7th, 2018 in homelessness, housing, local government, news by sally

‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’

Full Story

Arden Chambers, 12th July 2018

Source: www.ardenchambers.com

“No DSS”: Can landlords and letting agents lawfully bar benefits tenants? – Employment and Discrimination Blog

Posted August 7th, 2018 in benefits, housing, landlord & tenant, news by sally

‘Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants).’

Full Story

Employment and Discrimination Blog, 25th July 2018

Source: employmentblog.practicallaw.com

Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

Full Story

Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by tracey

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

Full Story

Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower: Sentences for gross negligence manslaughter could increase after investigation into deadly fire – The Independent

Posted July 31st, 2018 in corporate manslaughter, fire, health & safety, homicide, housing, negligence, news, sentencing by sally

‘Sentences for gross negligence manslaughter, which is being considered by investigators looking into the Grenfell Tower fire, could be increased under new advice given to judges.’

Full Story

The Independent, 31st July 2018

Source: www.independent.co.uk

Council defeats challenge to prioritisation of residents with 10 years in borough – Local Government Lawyer

Posted July 30th, 2018 in housing, local government, news, race discrimination, refugees by sally

‘A London borough has successfully defended a High Court challenge to the prioritisation under its housing allocation scheme of those people who have been resident in the borough for 10 years.’

Full Story

Local Government Lawyer, 27th July 2018

Source: www.localgovernmentlawyer.co.uk

When help with wood pellet fuel means no right to buy – Nearly Legal

Posted July 26th, 2018 in housing, local government, news, right to buy, tribunals by sally

‘Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where:

11.—

(1) The right to buy does not arise if the dwelling-house—

(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and

(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).’

Full Story

Nearly Legal, 25th July 2018

Source: nearlylegal.co.uk

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by tracey

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

Full Story

Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk