Government wins High Court appeal against ruling benefit cap unlawfully discriminates – The Independent

Posted March 16th, 2018 in appeals, benefits, children, housing, human rights, judicial review, news by tracey

‘The Government has won a Court of Appeal challenge against a ruling that its controversial benefit cap unlawfully discriminates against lone parents with children under two.
It follows a High Court ruling last year which found that the benefit cap, which limits the income households receive in certain benefits, unlawfully discriminates against single parents with very young children.’

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The Independent, 15th March 2018

Source: www.independent.co.uk

On a Housing Court and (not) making things simpler – Nearly Legal

Posted March 14th, 2018 in courts, housing, landlord & tenant, news by sally

‘A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not just the judiciary.’

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Nearly Legal, 12th March 2018

Source: nearlylegal.co.uk

Information watchdog denounces council over Grenfell failings – The Guardian

Posted March 13th, 2018 in fire, freedom of information, health & safety, housing, local government, news by sally

‘Kensington and Chelsea council has been condemned by the information commissioner for failing to disclose information relating to the Grenfell Tower fire. Elizabeth Denham has made seven rulings against the council for failing to respond to freedom of information requests about fire safety, cladding and risk assessments at the high-rise block.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Law Commission seeks views on boosting take-up of commonhold – OUT-LAW.com

Posted March 12th, 2018 in housing, Law Commission, leases, news by sally

‘The Law Commission is seeking views on why the “little-known and little used” commonhold model of home ownership has not become a popular alternative to residential leasehold.’

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OUT-LAW.com, 9th March 2018

Source: www.out-law.com

Possession and section 11, Children Act 2004 – Nearly Legal

Posted March 9th, 2018 in children, housing, local government, news, repossession by tracey

‘In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children. Herts claimed mandatory possession on service of a notice to quit (which was not necessary in this case).’

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Nearly Legal, 8th March 2018

Source: nearlylegal.co.uk

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Homeowners battle freeholder over £20,000 ‘Grenfell bill’ – Daily Telegraph

Posted March 5th, 2018 in housing, landlord & tenant, London, news, repairs, service charges, tribunals by tracey

‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’

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Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Landlords warned over blanket ban on applications from people on benefits – Local Government Lawyer

‘Lettings agents and landlords have been warned that they may be breaking the law if they refuse on a blanket basis to consider potential tenants simply because they are on benefits.’

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Local Government Lawyer, 1st March 2018

Source: www.localgovernmentlawyer.co.uk

Housing complaints overhaul targets rogue landlords – Daily Telegraph

Posted February 19th, 2018 in complaints, consultations, housing, landlord & tenant, news by sally

‘Tenants left fighting with private landlords over shoddy accommodation will be consulted on a new complaints system, the Government has announced.’

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Daily Telegraph, 18th February 2018

Source: www.telegraph.co.uk

Children Act and Housing – (not) joining the dots – Nearly Legal

Posted February 19th, 2018 in children, disabled persons, housing, local government, news by sally

‘This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989.’

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Nearly Legal, 18th February 2018

Source: nearlylegal.co.uk

Vulnerable people ‘trapped in homelessness’ due to law – BBC News

Posted February 14th, 2018 in homelessness, housing, local government, mental health, news, reports by michael

‘Vulnerable people are unable to access social housing, potentially trapping them “in a cycle of homelessness”, due to a change in the law.’

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BBC News, 14th February 2018

Source: www.bbc.co.uk

I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by tracey

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

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Nearly Legal, 11th February 2018

Source: nearlylegal.co.uk

Planning policy consultation to finally begin a year after Government housing paper was published – Daily Telegraph

Posted February 12th, 2018 in construction industry, consultations, housing, news, planning by tracey

‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’

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Daily Telegraph, 12th February 2018

Source: www.telegraph.co.uk

High Court clarifies ability of local authorities to enter into limited liability partnerships – OUT-LAW.com

‘A local authority acted within its powers when it set up a limited liability partnership (LLP) to deliver a new housing and community scheme, the High Court has ruled.’

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OUT-LAW.com, 9th February 2018

Source: www.out-law.com

GPOC – Local Government Law

Posted February 8th, 2018 in consultations, contracting out, housing, local government, news by tracey

‘The General Power of Competence (“GPOC”) in Section 1 of the Localism Act 2011 (“LA 2011”) and its exclusion, by Section 4 of LA 2011, when an authority is acting “for a commercial purpose”, but not through a limited company, has been considered in Peters v Haringey LBC (2018) EWHC 192 (Admin). The case is concerned with the Haringey Development Vehicle (“the HDV”). The purpose of the HDV is to create a partnership, by way of a limited liability partnership (“LLP”), between the Defendant Council, and a private sector body, Lendlease, and to bring private sector finance, experience and expertise to the task of developing the Council’s land for its better use, and so achieving the Council’s strategic aims in housing, affordable housing and employment. The Claimant challenged by way of judicial review a decision made by the Council through its Cabinet, on 20 July 2017, to confirm Lendlease after a procurement process as the successful bidder to become the Council’s partner in the HDV, and also approved the structure of the HDV.’

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Local Government Law, 8th February 2018

Source: local-government-law.11kbw.com

Shard owners seek to ban protest by Class War activist – The Guardian

Posted February 7th, 2018 in demonstrations, housing, injunctions, news by tracey

‘The owner of the Shard has sought a high court injunction to prevent a protest led by a veteran anarchist outside the 72-storey London landmark, where 10 multiple million-pound luxury apartments lie empty.’

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The Guardian, 6th February 2018

Source: www.theguardian.com

Fire Safety – Who Pays? – Nearly Legal

Posted February 5th, 2018 in costs, fire, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’

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Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk

Borough council secures £70,000 fine for HMO offences – Local Government Lawyer

‘Luton Borough Council has secured its largest ever fine – £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).’

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Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

Judge rejects challenge to decision that 9-year-old was not a “child in need” – Local Government Lawyer

Posted January 25th, 2018 in children, housing, local government, news by tracey

‘A High Court judge has dismissed a claim for judicial review over a decision of Birmingham City Council that a child was not a “child in need” for the purposes of section 17 of the Children Act 1989.’

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Local Government Lawyer, 25th January 2018

Source: www.localgovernmentlawyer.co.uk

Property market braces for shockwaves from landmark leasehold case – The Guardian

Posted January 15th, 2018 in appeals, housing, leases, news by sally

‘One of Britain’s richest men, the Duke of Westminster, could see the value of his estates plummet this week if a landmark legal challenge is successful. The case could also benefit 2m households across England and Wales.’

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The Guardian, 14th January 2018

Source: www.theguardian.com