‘This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies.’
Nearly Legal, 9th August 2015
Source: www.nearlylegal.co.uk
‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’
OUT-LAW.com, 7th August 2015
Source: www.out-law.com
‘Two councils have won a High Court challenge over Government proposals for a threshold on the size of developments beneath which planning authorities should not seek affordable housing contributions through section 106 agreements.’
Local Government Lawyer, 3rd August 2015
Source: www.localgovernmentlawyer.co.uk
‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
Full story
Nearly Legal, 3rd August 2015
Source: www.nearlylegal.co.uk
‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):
(7F) The local housing authority shall not –
(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);
… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’
Nearly Legal, 2nd August 2015
Source: www.nearlylegal.co.uk
‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’
Nearly Legal, 1st August 2015
Source: www.nearlylegal.co.uk
‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’
The Guardian, 3rd August 2015
Source: www.guardian.co.uk
‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’
Nearly Legal, 24th July 2015
Source: www.nearlylegal.co.uk
‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’
Tanfield Chambers, 18th June 2015
Source: www.tanfieldchambers.co.uk
‘The Tories’ plan to extend the right to buy to housing association tenants will face stiff opposition in the House of Lords this week, amid growing concern that it will compromise the independence of charities and add hugely to government debt.’
The Guardian, 18th July 2015
Source: www.guardian.co.uk
‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’
Family Law Week, 8th July 2015
Source: www.familylawweek.co.uk
‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’
Nearly Legal, 29th June 2015
Source: www.nearlylegal.co.uk
‘A High Court judge has declared unlawful a London council’s policy of suspending an unintentionally homeless person’s right to bid for social housing for 12 months.’
Local Government Lawyer, 24th June 2015
Source: www.localgovernmentlawyer.co.uk
‘In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. During that period, Westminster would be seeking to find a suitable private rented sector property.’
Nearly Legal, 22nd June 2015
Source: www.nearlylegal.co.uk
‘This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing.’
Nearly Legal, 10th June 2015
Source: www.nearlylegal.co.uk
‘An attempt to settle a divorce cheaply backfired leaving Norma Wilson having to live a one-bed council flat.’
Daily Telegraph, 10th June 2015
Source: www.telegraph.co.uk
‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’
Nearly Legal, 8th June 0215
Source: www.nearlylegal.co.uk
‘Designs for the latest London mega-mansion for billionaire owners have been rejected after a six-year planning battle because of their “palatial scale” and the substantial harm they would cause to London’s heritage, following a campaign backed by former Monty Python star Terry Gilliam.’
The Guardian, 8th June 2015
Source: www.guardian.co.uk
Johnston v Westminster City Council: [2015] EWCA Civ 554; [2015] WLR (D) 238
‘For the purposes of section 175 of the Housing Act 1996, the fact that an applicant for homeless assistance in one local housing authority might be offered accommodation by another authority which might satisfy section 175(3) of the Act did not entitle the decision-maker to find that the applicant was not homeless.’
WLR Daily, 3rd June 2015
Source: www.iclr.co.uk
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