‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’
Local Government Lawyer, 22nd May 2017
Source: www.localgovernmentlawyer.co.uk
‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’
Nearly Legal, 21st May 2017
Source: www.nearlylegal.co.uk
‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’
Nearly Legal, 21st May 2017
Source: www.nearlylegal.co.uk
‘The Equality and Human Rights Commission (EHRC) has applied for an injunction against Fergus Wilson.’
BBC News, 17th May 2017
Source: www.bbc.co.uk
‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’
Hardwicke Chambers, 9th May 2017
Source: www.hardwicke.co.uk
‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’
Arden Chambers, 10th May 2017
Source: www.ardenchambers.com
‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’
Nearly Legal, 14th May 2017
Source: www.nearlylegal.co.uk
‘The Communities Secretary performed “a complete and unexplained volte face” in his assessment of the highways impacts of two proposals for development on the same site in Newmarket, a Planning Court judge has ruled.’
Local Government Lawyer, 12th May 2017
Source: www.localgovernmentlawyer.co.uk
‘Two local authorities have lost appeals today to the Supreme Court, although judges did back the councils’ interpretation of a key part of the National Planning Policy Framework (NPPF).’
Local Government Lawyer, 10th May 2017
Source: www.localgovernmentlawyer.co.uk
‘Only those local planning policies dealing with housing-specific questions, such as numbers and distribution of housing, will be deemed out of date in the absence of a five year supply of deliverable sites for housing in a particular area, the UK’s highest court has ruled.’
OUT-LAW.com, 11th May 2017
Source: www.out-law.com
‘Poshteh v Royal Borough of Kensington & Chelsea S [2017] UKSC 36, 10 May 2017. For the last 15 years, whether the right of the homeless to suitable council accommodation is an Art.6(1) ECHR civil right has been argued over in the courts. And the question arose again in today’s judgment of the Supreme Court.’
UK Human Rights Blog, 10th May 2017
Source: www.ukhumanrightsblog.com
‘The Supreme Court has upheld a reviewing officer’s decision that it was reasonable for a refugee to accept an offer of accommodation which she claimed reminded her of prison in Iran.’
Local Government Lawyer, 10th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has dismissed appeals by two local authorities in a case that centres on the wording of the government’s 2012 National Planning Policy Framework (NPPF).’
Law Society’s Gazette, 11th May 2017
Source: www.lawgazette.co.uk
‘The Supreme Court will this week hand down a key ruling on whether Article 6 of the European Convention on Human Rights, the right to a fair hearing, applies to decisions on entitlement under Part V of the Housing Act 1996.’
Local Government Lawyer, 8th May 2017
Source: www.localgovernmentlawyer.co.uk
‘This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal.’
Nearly Legal, 27th April 2017
Source: www.nearlylegal.co.uk/blog/
‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’
Nearly Legal, 26th April 2017
Source: www.nearlylegal.co.uk
‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’
Nearly Legal, 23rd April 2017
Source: www.nearlylegal.co.uk
‘A woman who angered her neighbours by decorating her multimillion-pound townhouse with red and white stripes can ignore a planning order to repaint the property, the high court has ruled.’
The Guardian, 24th April 2017
Source: www.guardian.co.uk
‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’
Local Government Lawyer, 20th April 2017
Source: www.localgovernmentlawyer.co.uk
‘First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the Council agreeing to repay overcharged water rates for the period 2001-2013 to the tenants. (Our thanks to Serdar Celebi, Cambridge House Law Centre and Tim Baldwin, Garden Court Chambers for the note).’
Nearly Legal, 16th April 2017
Source: www.nearlylegal.co.uk
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