Civil Justice Council decides against new housing court – Litigation Futures

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

Full story

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

Councils hit back after minister attacks affordable housing policy legal challenge – Local Government Lawyer

Posted May 19th, 2016 in appeals, housing, local government, news, planning by sally

‘The two councils that challenged a Government policy on affordable housing and small-scale sites have defended their decision to bring legal action, after a minister claimed the proceedings were “a total waste of taxpayers’ money”.’

Full story

The Guardian, 18th May 2016

Source: www.guardian.co.uk

Housing and Planning Bill to receive Royal Assent on 12 May – OUT-LAW.com

Posted May 13th, 2016 in bills, housing, local government, news, planning by tracey

‘The UK government’s Housing and Planning Bill has been listed to receive Royal Assent today (12 May).’

Full story

OUT-LAW.com, 12th May 2016

Source: www.out-law.com

Farmer awarded £1m noise compensation from Stansted airport still waiting for pay-out 17 years later… as white lines haven’t been finished – Daily Telegraph

Posted May 11th, 2016 in airports, compensation, housing, news, noise by sally

‘A farm owner who won £1 million from Stansted because planes flying over his £2 million home slashed its value in half is still waiting for the pay-out 17 years later.’

Full story

Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

Questions and Answers – Nearly Legal

‘A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided.’

Full story

Nearly Legal, 8th May 2016

Source: www.nearlylegal.co.uk

Judge rejects challenge over refusal of support under s.17 Children Act – Local Government Lawyer

Posted May 3rd, 2016 in children, housing, news, social services by tracey

‘A High Court judge has rejected a judicial review challenge brought by a claimant via her mother over a London borough’s decision to refuse to provide accommodation and support.’

Full story

Local Government Lawyer, 3rd May 2016

Source: www.localgovernmentlawyer.co.uk/

Practical advice on forfeiture – Hardwicke Chambers

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

Full story

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Allocation schemes and unlawful discrimination – LAG Housing Law

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

Full story

LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

You’ve lost that loving Ealing (Sorry) – Nearly Legal

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

Full story

Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

Moorjani v Durban Estates – Tanfield Chambers

Posted April 26th, 2016 in appeals, damages, housing, landlord & tenant, leases, news, repairs by sally

‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’

Full story

Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

Peers change draft legislation on starter homes and sale of high value council houses – OUT-LAW.com

Posted April 20th, 2016 in bills, housing, local government, news, planning, sale of land by sally

‘Changes made to the UK government’s Housing and Planning Bill will confine the sale of starter homes to those aged 23 or over and require a proportion of the discount on their purchase price be repaid if the homes are sold on within 20 years.’

Full story

OUT-LAW.com, 19th April 2016

Source: www.out-law.com

Misc on taxes – council and bedroom – Nearly Legal

Posted April 20th, 2016 in benefits, council tax, housing, news by sally

‘Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) – quite astonishingly, an appeal against a making of a bankruptcy order – Mr. Robin Hollington QC addressed the issue. The bankruptcy petition was founded on a number of council tax liability orders and the efforts of Ms Okon to set aside those orders were at issue.’

Full story

Nearly Legal, 19th April 2016

Source: www.nearlylegal.co.uk

Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer

‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’

Full story

Local Government Lawyer, 18th April 2016

Source: www.localgovernmentlawyer.co.uk

High Court upholds an inspector’s decision to waive a £1m affordable homes payment – OUT-LAW.com

Posted April 12th, 2016 in housing, local government, news, planning by sally

‘The High Court has dismissed Medway Council’s challenge of a planning inspector’s decision to waive a £1 million affordable housing payment.’

Full story

OUT-LAW.com, 8th April 2016

Source: www.out-law.com

Private parts – Nearly Legal

Posted April 12th, 2016 in housing, human rights, judicial review, news by sally

‘Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or specific housing associations) were public bodies both for the purposes of the Human Rights Act and public law/judicial review.’

Full story

Nearly Legal, 10th April 2016

Source: www.nearlylegal.co.uk

Inheritance tax: a brief history of death duties – The Guardian

Posted April 12th, 2016 in housing, inheritance tax, news, succession, taxation by sally

‘Modern inheritance tax dates back to 1894 when the government introduced estate duty, a tax on the capital value of land, in a bid to raise money to pay off a £4m government deficit.’

Full story

The Guardian, 10th April 2016

Source: www.guardian.co.uk

MPs could face ban on hiring family and spouses under expenses review – The Independent

Posted April 5th, 2016 in expenses, families, housing, news, parliament by sally

‘MPs who employ relatives and claim money to rent accomodation could soon be blocked under a new review of politicians’ expenses.’

Full story

The Independent, 4th April 2016

Source: www.independent.co.uk

Ten new laws that come into force in April 2016 – and how they affect you – The Independent

‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’

Full story

The Independent, 3rd April 2016

Source: www.independent.co.uk

Wychavon District Council v Secretary of State for Communities and Local Government – WLR Daily

Posted March 30th, 2016 in housing, law reports, local government, planning by sally

Wychavon District Council v Secretary of State for Communities and Local Government [2016] EWHC 592 (Admin)

‘The developer applied for outline planning permission for the development of 32 dwellings on a site lying outside the defined development boundaries and allocated sites set out in the local planning authority’s local plan. The local authority failed to determine the application and the developer appealed to the Secretary of State. The inspector appointed by the Secretary of State recognised that the main issue was whether the site was a suitable location for residential development having regard to the local plan and other considerations. He identified that the proposed development was in clear conflict with the location policy in the local plan, which policy remained in force and so retained its full weight as part of the statutory development plan. Having found therefore that para 14 of the National Planning Policy Framework (“the NPPF”) did not apply, the inspector went on to consider the policies of the NPPF as a whole, concluding that the proposed development constituted sustainable development so that the presumption in favour of sustainable development applied, that being a material consideration capable of outweighing the development plan, pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004. Accordingly, the inspector allowed the appeal and granted permission. The local authority challenged that decision pursuant to section 288 of the Town and Country Planning Act 1990 on the ground, inter alia, that the inspector had erred in law in failing properly to apply the approach to decision-taking set out in section 38(6)of the 2004 Act.’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

Is an Absent Bannister Disrepair? – The Defective Premises Act Considered – Zenith PI Blog

Posted March 29th, 2016 in appeals, defective premises, housing, landlord & tenant, news, repairs by sally

‘The Court of Appeal have recently considered the issue of whether or not a missing bannister could amount to disrepair pursuant to section 4 of the Defective Premises Act 1972.’

Full story

Zenith PI Blog, 29th March 2016

Source: www.zenithpi.wordpress.com