High Court quashes planning permission over flawed report from planning officer – Local Government Lawyer

Posted June 22nd, 2022 in housing, judicial review, local government, news, planning by sally

The High Court has quashed Bristol City Council’s grant of planning permission for a 62-home development on a former zoo car park, following a judicial review claim that argued the local authority based its decision on a flawed planning officer’s report.

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

Posted June 20th, 2022 in appeals, covenants, damages, housing, injunctions, landlord & tenant, news, repossession by tracey

‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Management transfers and public functions: R(TRX) v Network Homes – Nearly Legal

Posted June 20th, 2022 in domestic violence, equality, housing, judicial review, landlord & tenant, news by tracey

‘This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially reviewed. The case concerned an application for a management transfer following threats of domestic abuse made to the Claimant, TRX, by X, her former partner. The Claimant brought 6 grounds of review after her request for a management transfer was refused by the Defendant. ‘

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Councillor wins £30k damages after BBC misidentified her as politician accused of housing fraud – Local Government Lawyer

Posted June 20th, 2022 in BBC, damages, defamation, fraud, housing, news, political parties by tracey

‘A Westminster councillor has received damages in a libel case against the BBC after the news organisation misidentified her as another BAME politician who had been accused of housing fraud.’

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Local Government Lawyer, 17th June 2022

Source: www.localgovernmentlawyer.co.uk

No-fault evictions and bans on social services tenants to be outlawed in England – The Guardian

Posted June 16th, 2022 in health & safety, housing, landlord & tenant, news, social security by sally

‘Measures to tackle unscrupulous private landlords who evict tenants without giving a reason or who let unsafe homes, will be introduced under government proposals aimed at giving a better deal for millions of renters in England.’

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The Guardian, 15th June 2022

Source: www.theguardian.com

Research Briefing: Leasehold high-rise flats: Who pays for fire safety work? – House of Commons Library

‘This briefing considers debate about responsibility for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It covers provisions in the Building Safety Act 2022.’

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House of Commons Library, 9th June 2022

Source: commonslibrary.parliament.uk

A deliberate act needs options to choose between. – Nearly Legal

Posted June 6th, 2022 in families, housing, interpretation, local government, news by tracey

‘Milton Laines Roman (R OAO) v London Borough of Southwark (2022) EWHC 1232 (Admin). This was a judicial review of LB Southwark’s refusal to place the claimant in Band 1 of its Allocation Scheme, on the basis that the claimant’s current overcrowding in a private tenancy was a ‘deliberate act’. It is something of a sequel to Flores in 2020 (our note here), raising further issues with LB Southwark’s policy on overcrowding priority and ‘deliberate acts’.’

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Nearly Legal, 5th June 2022

Source: nearlylegal.co.uk

Housing case law update – May 2022 – Local Government Lawyer

‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

Millions invested to help people facing eviction or repossession – Ministry of Justice

‘More people will get access to free expert legal advice to give them the best chance of keeping their home when they fall into difficult financial times, backed by over £10 million of extra funding injected into housing legal aid every year.’

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Ministry of Justice, 31st May 2022

Source: www.gov.uk

Hands off our park: Shrewsbury takes its council to the supreme court – The Guardian

Posted June 6th, 2022 in appeals, housing, local government, news, parks, planning, Supreme Court by tracey

‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’

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The Guardian, 5th June 2022

Source: www.theguardian.com

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

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Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

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Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer

‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’

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Local Government Lawyer, 4th May 2022

Source: www.localgovernmentlawyer.co.uk

Wetlands protection law delays building of new homes in England – The Guardian

‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

No-fault evictions: 200,000 renters in England served notices in three years – The Guardian

Posted April 27th, 2022 in housing, landlord & tenant, news, repossession, statistics by sally

‘More than 200,000 private renters in England have been served eviction notices without doing anything wrong in the three years since the government first promised to ban the practice, housing campaigners have claimed.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

One in eight private rented homes poses ‘serious threat’ to occupants’ health, damning report finds – The Independent

‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’

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The Independent, 13th April 2022

Source: www.independent.co.uk