Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer

Posted November 9th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by tracey

‘The “Overall Arrangements for Possession Proceedings” ­– published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian

Posted November 9th, 2021 in fire, government departments, health & safety, housing, leases, mortgages, news, repairs by tracey

‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’

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The Guardian, 8th November 2021

Source: www.theguardian.com

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’

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Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

Waiver and determining breach of lease – Nearly Legal

Posted November 1st, 2021 in covenants, housing, landlord & tenant, leases, news by tracey

‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by tracey

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Housing Ombudsman urges social landlords to adopt “zero tolerance approach” on damp and mould – Local Government Lawyer

‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Care bill for family soared without warning because of poor council information, Ombudsman finds – Local Government Lawyer

Posted October 22nd, 2021 in care homes, families, housing, local government, news, ombudsmen by sally

‘North Yorkshire County Council has been criticised by the Local Government and Social Care Ombudsman after a family’s care bill leapt from hundreds to thousands of pounds a month without notice.’

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Local Government Lawyer, 21st October 2021

Source: www.localgovernmentlawyer.co.uk

Building safety regulations give industry clarity ahead of new legislation – OUT-LAW.com

Posted October 22nd, 2021 in bills, building law, construction industry, health & safety, housing, news, regulations by sally

‘The UK government has published several draft regulations designed to give parliamentarians a better idea of how the Building Safety Bill will be implemented.’

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OUT-LAW.com, 21st October 2021

Source: www.pinsentmasons.com

‘A massive injustice’: 10 years on from Dale Farm evictions, pain and trauma remain – The Guardian

Posted October 22nd, 2021 in homelessness, housing, local government, news, repossession, travellers by sally

‘On the day residents of Dale Farm, then one of the largest unauthorised Traveller sites in Europe, were due to be evicted a decade ago, pupils at the nearby primary school were handed special stones they could squeeze as they walked into their morning assembly. The teachers wanted to remind everyone that the school remained a safe and welcoming place.’

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The Guardian, 21st October 2021

Source: www.theguardian.com

Council loses High Court battle over taking into account of past over-supply of housing – Local Government Lawyer

Posted October 22nd, 2021 in housing, interpretation, local government, news, planning by sally

‘The National Planning Policy Framework (NPPF) is silent on whether an earlier oversupply of housing can affect a council’s future five-years land supply for homes.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

Insulate Britain: Injunction banning protests on London’s roads extended – BBC News

‘An injunction to ban Insulate Britain protesters from holding demonstrations on London’s roads has been extended.’

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BBC News, 19th October 2021

Source: www.bbc.co.uk

Landlord ordered to pay more than £33k in fines and costs over failure to license property – Local Government Lawyer

Posted October 18th, 2021 in fines, housing, landlord & tenant, licensing, local government, news by tracey

‘Merton Council has successfully prosecuted a landlord and his associated property agency for letting unsafe properties and operating in an unlicensed manner.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

Disabled woman to take DWP to court over ‘immoral’ automatic benefit deductions – The Guardian

‘A disabled woman is to challenge the Department for Work and Pensions in court over what she calls its “immoral” policy of allowing landlords and utilities companies to automatically make deductions from monthly benefits payments without the claimant’s consent.’

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The Guardian, 15th October 2021

Source: www.theguardian.com

Homelessness – renewed applications and overlooked facts – Nearly Legal

‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’

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Nearly Legal, 10th October 2021

Source: nearlylegal.co.uk

Regulations and guidance issued on support councils must give domestic abuse victims – Local Government Lawyer

‘The Government has published new regulations and guidance setting out the level of support councils are required to provide to domestic abuse victims who need to escape home.’

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Local Government Lawyer, 5th October 2021

Source: www.localgovernmentlawyer.co.uk

Bedrooms – hypothetical rather than actual. Bedroom tax and actual use. – Nearly Legal

Posted October 4th, 2021 in appeals, benefits, housing, landlord & tenant, news by tracey

‘The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080. A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision on whether assessment of entitlement to bedrooms for the bedroom tax was connected to the actual occupiers and their actual or potential use of the rooms. (Here there were two children and two bedrooms, neither of which could accommodate two children.)’

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Nearly Legal, 3rd October 2021

Source: nearlylegal.co.uk

Possession – more change in England – Local Government Lawyer

Posted October 4th, 2021 in housing, landlord & tenant, local government, news, repossession by tracey

‘From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.’

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Local Government Lawyer, 4th October 2021

Source: www.localgovernmentlawyer.co.uk

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed – Local Government Lawyer

‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’

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Local Government Lawyer, 1st October 2021

Source: www.localgovernmentlawyer.co.uk

Judge refuses to authorise deprivation of liberty of vulnerable 12-year-old girl in acute psychiatric admissions unit, despite lack of alternative accommodation – Local Government Lawyer

Posted September 29th, 2021 in children, detention, hospitals, housing, local government, mental health, news by sally

‘A High Court judge has declined to find that it was in the best interests of a 12-year-old girl (LT), who does not have a psychiatric condition requiring hospitalisation, to be deprived of her liberty on an acute psychiatric admission unit.’

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Local Government Lawyer, 28th September 2021

Source: www.localgovernmentlawyer.co.uk