Planning inspector was entitled to accept developer’s housing figures over local plan numbers, High Court rules – OUT-LAW.com

Posted February 24th, 2016 in housing, local government, news, planning by sally

‘The High Court has ruled that a planning inspector was not wrong to find that the housing supply figures in a council’s local plan were out of date and to accept alternative figures put forward by a developer as the basis for calculating the housing supply position for the purposes of a planning appeal.’

Full story

OUT-LAW.com, 23rd February 2016

Source: www.out-law.com

Winterbourne View report author calls for Learning Disabilities Commissioner – Local Government Lawyer

Posted February 23rd, 2016 in disabled persons, housing, learning difficulties, news, reports by sally

‘Sir Stephen Bubb, author of a report into the Winterbourne View scandal, has called on the Government to appoint a Learning Disabilities Commissioner.’

Full story

Local Government Lawyer, 22nd February 2016

Source: www.localgovernmentlawyer.co.uk

Su-su-subrogation – Nearly Legal

Posted February 18th, 2016 in housing, insurance, landlord & tenant, news by sally

‘Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some £2,800 per month. Ms Golvina was away from the cottage over the Christmas period in 2010 and while she was away, the pipes froze and then burst during a cold snap. The cottage was flooded and the damage caused allegedly amounted to some £128,089.71.’

Full story

Nearly Legal, 16th February 2016

Source: www.nearlylegal.co.uk

Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

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BBC News, 16th February 2016

Source: www.bbc.co.uk

New planning guidance emphasises importance of housing evidence to neighbourhood planning – OUT-LAW.com

Posted February 17th, 2016 in codes of practice, evidence, housing, local government, news, planning by michael

‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’

Full story

OUT-LAW.com, 16 February 2016

Source: www.out-law.com

High Court enforcement continued – Nearly Legal

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

Full story

Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

Failing on systematic failings – Nearly Legal

Posted February 15th, 2016 in homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:

generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’

Full story

Nearly Legal, 14th February 2016

Source: www.nearlylegal.co.uk

Bedroom tax challenge success – UK Human Rights Blog

Posted February 5th, 2016 in appeals, benefits, disability discrimination, domestic violence, housing, news by tracey

‘The Court of Appeal has given its judgment in a conjoined appeal of two of the latest challenges to the bedroom tax/removal of spare room subsidy (delete as you see fit), holding that it was unlawfully discriminatory in its application to 1.A female victim of serious domestic violence living in a home significantly adapted (including the provision of a “safe room”) to ensure her safety in the face of threats from her former partner; and 2. A severely disabled 15 year old boy cared for by his grandmother and her partner, who required a carer to stay in their home two nights per week.’

Full story

UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

Preferring Burnip: Discrimination without justification – Nearly Legal

‘The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference.’

Full story

Nearly Legal, 31st January 2016

Source: www.nearlylegal.co.uk

The DWP is forcing a rape victim to pay the Bedroom Tax on her police-installed panic room – The Independent

Posted January 28th, 2016 in appeals, benefits, housing, news, social security, victims by sally

‘The Department for Work and Pensions is trying to force a rape victim to pay the so-called “Bedroom Tax” on her police-installed panic room, it has emerged.’

Full story

The Independent, 27th January 2016

Source: www.independent.co.uk

Appeal court rules bedroom tax discriminatory in two cases – The Guardian

‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’

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The Guardian, 27th January 2016

Source: www.guardian.co.uk

Something to Declare – Nearly Legal

Posted January 27th, 2016 in appeals, housing, local government, news, tribunals by sally

‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’

Full story

Nearly Legal, 27th January 2016

Source: www.nearlylegal.co.uk

Unwritten Rules – large families in ToLATA cases – Family Law week

Posted January 18th, 2016 in dispute resolution, families, family courts, housing, news by tracey

‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’

Full story

Family Law Week, 15th January 2016

Source: www.familylawweek.co.uk

Something wicked this way comes – LAG Housing Law

Posted January 13th, 2016 in housing, landlord & tenant, news by sally

‘Sam Madge-Wyld considers the housing law agenda for 2016.’

Full story

LAG Housing Law, 12th January 2016

Source: www.laghousinglaw.com

A House Reasonably So Called – Hardwicke Chambers

Posted January 12th, 2016 in appeals, enfranchisement, housing, news by sally

‘Andy Creer looks at the decision in Jewelcraft Ltd v Pressland [2015] EWCA Civ 1111.’

Full story

Hardwicke Chambers, 8th January 2016

Source: www.hardwicke.co.uk

Woman in 30-year feud with daughter over dog called Fluffy wins legal fight to force her out of £1m flat – Daily Telegraph

Posted January 12th, 2016 in families, housing, news, repossession by sally

‘Judge condemns Caroline Hermsen as liar after she wrongly accused mother of getting her arrested over dog as he rules she can kick her out of home.’

Full story

Daily Telegraph, 11th January 2016

Source: www.telegraph.co.uk

Diplomats use Vienna Convention to fight London basement digout – Daily Telegraph

Posted January 11th, 2016 in appeals, diplomats, housing, news, planning, treaties by tracey

‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’

Full story

Daily Telegraph, 9th January 2016

Source: www.telegraph.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

Full story

Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

‘Going into legal aid work now is career suicide’ – The Guardian

‘Government cuts to legal aid means social welfare lawyers are a dying breed. So where will the next generation come from? Step up the Justice First Fellowship.’

Full story

The Guardian, 6th January 2015

Source: www.guardian.co.uk

Housing bill will do nothing for many of those in need of a decent home – The Guardian

Posted January 5th, 2016 in bills, housing, news, planning by sally

‘New housing legislation fails to address the problem of affordable rented housing, and there may be little that we in the House of Lords can do to improve it.’

Full story

The Guardian, 5th January 2016

Source: www.guardian.co.uk