housing – Page 56 – Current Awareness

Late, later, too late – Nearly Legal

Posted October 11th, 2018 in deposits, housing, landlord & tenant, news by sally

‘Ms T was Ms N’s assured shorthold tenant, with a fixed term tenancy starting on 25 July 2013. The tenancy became a statutory periodic on 25 July 2014. An initial deposit of £1300 was taken, but it was not protected until 22 January 2014. When the statutory periodic tenancy began, Ms N did not renew the deposit protection (as then required by MyDeposits) and the deposit ceased to be protected some weeks after the statutory periodic tenancy began. It was not again protected until 23 February 2017. Prescribed information was, in each case, provided to Ms T at about the time of the protection.’

Nearly Legal, 10th October 2018

Source: nearlylegal.co.uk

Doing the same thing all over again – Nearly Legal

Posted October 10th, 2018 in abuse of process, appeals, civil procedure rules, costs, county courts, damages, fees, housing, landlord & tenant, news, rent, repossession, service by sally

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Planning reforms to give councils more flexibility to dispose of surplus land – Local Government Lawyer

Posted October 3rd, 2018 in building law, consultations, fire, health & safety, housing, local government, news, ombudsmen, planning by sally

‘The government has announced plans to consult on further reforms to the planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes.’

Local Government Lawyer, 2nd October 2018

Source: www.localgovernmentlawyer.co.uk

Unfixed fixed terms – Nearly Legal

Posted October 2nd, 2018 in appeals, fixed-term contracts, housing, landlord & tenant, news by sally

‘This was Ms Bamber’s appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months notice of intention to terminate Ms B’s tenancy, under s.21(1B) Housing Act 1998.’

Nearly Legal, 29th September 2018

Source: nearlylegal.co.uk

Who can complain of statutory nuisance? – Nearly Legal

Posted October 2nd, 2018 in complaints, environmental protection, housing, news, nuisance by sally

‘The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the hearing in the Magistrates Court. There are all sorts of things flying about in the background of this judgment, including off stage judicial review proceedings, but the key issue is what sort of status an occupier has to have to bring (and continue) an EPA 1990 prosecution.’

Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

Council secures Ofcom ruling in complaint of unfairness against Piers Morgan – Local Government Lawyer

Posted September 27th, 2018 in armed forces, complaints, housing, local government, media, news by sally

‘Herefordshire Council has welcomed regulator Ofcom’s decision to partly uphold a complaint of unfairness that it made against television presenter Piers Morgan.’

Local Government Lawyer, 27th September 2018

Source: www.localgovernmentlawyer.co.uk

UK asylum seekers refused housing over ‘social cohesion issues’ – The Guardian

Posted September 27th, 2018 in asylum, detention, housing, immigration, news, race discrimination, refugees by sally

‘Details of the ban emerged in a note from the Home Office to an asylum seeker’s solicitor, in which the department said that it had an agreement with local authorities in that region not to house any “foreign nationals with known criminality”.’

The Guardian, 27th September 2018

Source: www.theguardian.com

Judge slams decision to house paedophile near children’s home – BBC News

Posted September 25th, 2018 in appeals, care homes, children, compensation, housing, local government, news, police, sexual offences, victims by sally

‘A judge has ordered a police force and council to pay £52,000 to a sex abuse victim after a convicted paedophile was housed near his children’s home.’

BBC News, 24th September 2018

Source: www.bbc.co.uk

Mobile home security – Nearly Legal

Posted September 14th, 2018 in housing, landlord & tenant, licensing, news, planning by sally

‘In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.

Nearly Legal, 13th September 2018

Source: nearlylegal.co.uk

Ombudsman finds against council after family left waiting for house adaptations for disabled son for three years – Local Government Lawyer

Posted September 3rd, 2018 in children, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘A severely disabled Doncaster boy’s family has had to wait three years for Doncaster Council to provide them with the special adaptations their home needs, the Local Government and Social Care Ombudsman (LGO) has found.’

Local Government Lawyer, 31st August 2018

Source: www.localgovernmentlawyer.co.uk

Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

The Government’s Response To Grenfell ‘Breaches Human Rights’ – Rights Info

Posted August 22nd, 2018 in fire, health & safety, housing, human rights, news by sally

‘The government’s failure to adequately respond to the Grenfell tragedy may breach human rights legislation, according to the UK’s human rights watchdog.’

Rights Info, 21st August 2018

Source: rightsinfo.org

Britain flouting human rights over Grenfell-style cladding – The Guardian

Posted August 20th, 2018 in fire, health & safety, housing, human rights, news by sally

‘The government is breaching fundamental obligations to protect its citizens’ right to life by failing to address the systemic problems that led to the Grenfell Tower tragedy, the UK’s human rights watchdog has warned.’

The Guardian, 19th August 2018

Source: www.theguardian.com

Social housing tenants to gain powers against rogue landlords – The Guardian

Posted August 14th, 2018 in housing, landlord & tenant, news, parliamentary papers by sally

‘Social housing residents will be empowered to take on rogue landlords under the government’s new strategy, but campaigners have criticised the document which offers no new funding.’

The Guardian, 14th August 2018

Source: www.theguardian.com

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, houses in multiple occupation, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

Posted August 9th, 2018 in fees, houses in multiple occupation, housing, landlord & tenant, licensing, news by sally

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

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