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

Cost of divorce up 17% in three years amid soaring legal fees and housing costs – The Independent

Posted January 11th, 2018 in costs, divorce, fees, housing, news, reports by tracey

‘Separating couples now typically spend £14,561 on lawyers and lifestyle costs, plus an additional £35,000 to rent or £144,600 to buy new property.’

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The Independent, 11th January 2018

Source: www.independent.co.uk

High Court judge criticises “very serious defects” in housing decision letter – Local Government Lawyer

Posted January 10th, 2018 in children, disabled persons, housing, local government, news by sally

‘A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.’

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Local Government Lawyer, 10th January 2018

Source: www.localgovernmentlawyer.co.uk

Beach huts: chattels, leases, estoppel – Nearly Legal

Posted January 9th, 2018 in estoppel, gifts, housing, leases, news by sally

‘Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether the landowner was estopped from obtaining possession, and even certain pleadings issues (the pleadings do seem to have been a little, erm, jejeune) – but also because HHJ Matthews (who I’m ashamed to say I haven’t come across) added his tuppenies to a couple of controversies, not least making some important observations on the correctness of the Supreme Court judgment in Berrisford v Mexfield. Part of the problem in the case was that the events which underpinned the various claims happened over many years, were oral, and, in some cases, involved transfers of title (the issues of which were neatly stepped over by the judge who referred to bona fide purchasers, so we might be dealing with unregistered land, a point not made clear).’

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Nearly Legal, 8th January 2018

Source: nearlylegal.co.uk

Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

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Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

The Bedworth bedroom conundrum – Nearly Legal

Posted January 4th, 2018 in benefits, housing, local government, news, regulations, social security by sally

‘A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of ‘what is a bedroom’ for the purposes of Housing Benefit Reg 13 – the bedroom tax.’

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Nearly Legal, 31st December 2017

Source: nearlylegal.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

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Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

Family with no recourse to public funds wins judicial review battle with council – Local Government Lawyer

Posted December 5th, 2017 in housing, local government, news by tracey

‘Milton Keynes Council failed to properly consider an application for help with housing by a family without recourse to public funds.’

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Local Government Lawyer, 4th December 2017

Source: localgovernmentlawyer.co.uk

Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer

Posted December 1st, 2017 in housing, local government, news, planning by tracey

‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’

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Local Government Lawyer, 30th November 2017

Source: localgovernmentlawyer.co.uk