‘The London Borough of Southwark acted unlawfully when it had refused to accept a third application for homelessness assistance from applicant “JH”, the administrative court has found.’
Local Government Lawyer, 13th July 2016
Source: www.localgovernmentlawyer.co.uk
‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’
WLR Daily, 7th July 2016
Source: www.iclr.co.uk
‘The UK government has extended its scrutiny of planning appeals involving housing development in neighbourhood planning areas, but the thresholds for the recovery of such appeals have been altered.’
OUT-LAW.com, 13th July 2016
Source: www.out-law.com
‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’
Henderson Chambers, June 2016
Source: www.hendersonchambers.co.uk
‘Kevin Gordon, Pupil Barrister, Coram Chambers explores the courts’ developing approach to the application and granting of occupation orders under section33 (6) and (7) of the Family Law Act 1996 as an updated summary guide to practitioners.’
Family Law Week, 7th July 2016
Source: www.familylawweek.co.uk
‘The claims involved the valuation of premiums under the Leasehold Reform Housing and Urban Development Act 1993. The UTLC listed three applications for the specific purpose of considering the validity of a hedonic regression model (“the Parthenia model”) to determine leasehold relativity. The Tribunal indicated the approach to be adopted for assessing relativity for different lease lengths and commented on the use of published relativity graphs.’
Tanfield Chambers, 21st June 2016
Source: www.tanfieldchambers.co.uk
‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it and, ultimately, to leaseholders wanting to take control (either by exercising the right to collective enfranchisement or the right to manage).’
Tanfield Chambers, 10th June 2016
Source: www.tanfieldchambers.co.uk
‘Does the 3% second home surcharge apply to statutory lease extensions and enfranchisement under the 1993 and 1967 Acts?’
Tanfield Chambers, 6th June 2016
Source: www.tanfieldchambers.co.uk
‘Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split.’
Daily Telegraph, 30th June 2016
Source: www.telegraph.co.uk
‘A former senior housing needs officer at Birmingham City Council has been jailed for three years for fraud.’
Local Government Lawyer, 27th June 2016
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’
Law Society’s Gazette, 16th June 2016
Source: www.lawgazette.co.uk
‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
‘What gives you the right? We are familiar with rights claiming, it comes easily to our lips when we believe we are entitled to something—to respect, to our fair share. Rights are fighting words. We invoke them when we have been wronged, when a situation has become intolerable. Rights claims are a way of fighting for control.’
OUP Blog, 9th June 2016
Source: www.blog.oup.com
‘London’s longest running mega-basement dispute could last a decade in a row over a £28 million pound Kensington property formerly owned by a fraudster.’
Daily Telegraph, 6th June 2016
Source: www.telegraph.co.uk
‘The deferment rate is a key input in every enfranchisement claim whether it relates to the enfranchisement of a house, block of flats or the extension of a flat lease. The current deferment rate was set by the Lands Tribunal in Earl Cadogan v Sportelli [2007] 1 EGLR 153. This article explains what the deferment rate is and how the Tribunal arrived at the value which has been universally adopted since the decision in Sportelli. It then explores the status of the decision in Sportelli and asks whether it is time to re-set the deferment rate. The last part of the article looks at deferment rates for shorter leases.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘With the constant cry for more housing, commercial developers are increasingly including residential flats in their plans. Whether they are converting offices into homes or building new mixed-use schemes, developers must be aware of the raft of rights that residential tenants enjoy which are not available to commercial tenants. With some careful planning, some of these rights can be avoided.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’
Falcon Chambers, May 2016
Source: www.falcon-chambers.com
‘An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch). Three tenancy agreements for the same property, apparently at least partly at the same time, and possession proceedings against someone who was not a tenant under either agreement. Just how was this going to work out.’
Nearly Legal, 30th May 2016
Source: www.nearlylegal.co.uk
‘Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin). What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are homeless and eligible, not intentionally homeless, but not in priority need, has tended to amount to little more than the Local Authority handing over a leaflet and/or list of letting agents. But this judicial review, unusually, involves a consideration of fulfilment of the duty.’
Nearly Legal, 29th May 2016
Source: www.nearlylegal.co.uk
‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’
Local Government Lawyer, 23rd May 2016
Source: www.localgovernmentlawyer.co.uk
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