housing – Page 67 – Current Awareness

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘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

Tenants who lack mental capacity to make decisions – Tanfield Chambers

Posted July 28th, 2015 in appeals, benefits, housing, landlord & tenant, mental health, news, social security, tribunals by sally

‘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

Right-to-buy battle looms in Lords – The Guardian

Posted July 20th, 2015 in bills, budgets, charities, housing, local government, news, parliament, rent, statistics by tracey

‘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

Family Law Week’s Budget Briefing, July 2015 – Family Law Week

Posted July 10th, 2015 in benefits, budgets, children, corporation tax, housing, income tax, interest, landlord & tenant, mortgages, news, pensions, remuneration, taxation, wills by tracey

‘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

How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘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

High Court judge declares part of housing allocation scheme to be unlawful – Local Government Lawyer

Posted June 26th, 2015 in homelessness, housing, local government, news by sally

‘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

Westminster again… – Nearly Legal

Posted June 24th, 2015 in homelessness, housing, local government, news by sally

‘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

An inconvenient problem – Nearly Legal

Posted June 12th, 2015 in benefits, homelessness, housing, local government, news, rent by sally

‘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

Doctor’s wife loses £3.2m home after ‘on-the-cheap divorce went wrong’ – Daily Telegraph

Posted June 11th, 2015 in benefits, divorce, housing, news, solicitors by sally

‘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

Dear Occupier – Nearly Legal

Posted June 9th, 2015 in costs, housing, land registration, mortgages, news, rent by tracey

‘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

Plans for £80m London mega-mansion rejected after six-year battle – The Guardian

Posted June 9th, 2015 in housing, London, news, planning by tracey

‘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 – WLR Daily

Posted June 5th, 2015 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

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

Why cracking up isn’t a laughing matter! – New Law Journal

Posted June 3rd, 2015 in environmental health, housing, insurance, news, repairs by sally

‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
Full story

New Law Journal, 29th May 2015

Source: www.newlawjournal.co.uk

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Posted June 3rd, 2015 in appeals, homelessness, housing, law reports, local government, mental health, Supreme Court by sally

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

What’s the Din? The Supremes’ Cut – Nearly Legal

Posted May 22nd, 2015 in homelessness, housing, news, Supreme Court by sally

‘Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted CA decisions. Haile, on the other hand, attempts to steer a line between accepting the jurisprudence on intentionality but distinguishing it on a narrow basis (Lord Reed, with whom Lord Neuberger, Lady Hale and Lord Clarke agreed – Lord Neuberger, in the majority, doing so with hesitation, at [79]; Lord Carnwath dissenting). Johnson/Hotak/Kanu will involve reworking vulnerability decisions and will undoubtedly provoke further litigation on the SC test. In theory, at least, Haile should not involve any great difference or require reworking; but, as I will try to explain, its consequences may well reverberate just as much as Johnson et al. Indeed, despite the best intentions of the majority, I think further litigation is almost inevitably the outcome.’

Nearly Legal, 21st May 2015

Source: www.nearlylegal.co.uk

Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Posted May 20th, 2015 in homelessness, housing, local government, news, statutory duty by sally

‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’

Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

A home without a household – Nearly Legal

Posted May 20th, 2015 in benefits, children, housing, news, residence orders by sally

‘In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of ‘shared care’ families for bedroom tax purposes. In short, the child’s only ‘home’ was with the person receiving child benefit. It may yet turn out to be significant that that decision was not the result of an argued hearing, only the DWP turning up.’

Nearly Legal, 19th May 2015

Source: www.nearlylegal.co.uk

Family reunited after housing battle led to homelessness and separation – The Guardian

Posted May 20th, 2015 in benefits, budgets, homelessness, housing, news by sally

‘Titina Nzolameso on her successful fight to be rehoused after the benefits cap left her homeless and her children being taken into care, and the impact this could have on similar cases.’

The Guardian, 20th May 2015

Source: www.guardian.co.uk

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