housing – Page 69 – Current Awareness

Beware of residential rights – Tanfield Chambers

Posted June 2nd, 2016 in housing, landlord & tenant, leases, news by sally

‘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

Human Rights and Property Litigation: some general concepts – Falcon Chambers

Posted June 2nd, 2016 in courts, declarations of incompatibility, housing, human rights, interpretation, legislation, news, treaties by sally

‘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

And the first shall be last – Nearly Legal

Posted May 31st, 2016 in amendments, housing, landlord & tenant, local government, news by sally

‘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

Got needs that need assessing – Nearly Legal

Posted May 31st, 2016 in homelessness, housing, local government, news, trafficking in human beings by sally

‘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

Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

Posted May 25th, 2016 in appeals, houses in multiple occupation, housing, local government, news, tribunals by sally

‘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

Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

New drainage guidance for lawyers published – Legal Futures

Posted May 25th, 2016 in barristers, building law, codes of practice, duty of care, housing, local government, news, planning, solicitors, water by sally

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

What happens when you’re deported to Britain? – BBC News

Posted May 25th, 2016 in benefits, burglary, charities, deportation, housing, immigration, local government, national insurance, news, prisons by sally

‘A widowed mother-of-five who has lived in Australia for most of her life is facing deportation to the UK. What awaits her when she gets off the plane, asks Claire Bates.’

BBC News, 24th May 2016

Source: www.bbc.co.uk

New Act – legislation.gov.uk

Posted May 24th, 2016 in housing, legislation, planning by sally

Housing and Planning Act 2016

Civil Justice Council decides against new housing court – Litigation Futures

Posted May 23rd, 2016 in case management, civil justice, consultations, courts, dispute resolution, housing, news, pilot schemes, tribunals by sally

‘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.’

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”.’

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 sally

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

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.’

Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

Questions and Answers – Nearly Legal

Posted May 9th, 2016 in children, families, homelessness, housing, judicial review, litigation friends, local government, news, social services by sally

‘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.’

Nearly Legal, 8th May 2016

Source: www.nearlylegal.co.uk

Practical advice on forfeiture – Hardwicke Chambers

Posted April 27th, 2016 in civil procedure rules, forfeiture, housing, landlord & tenant, leases, mortgages, news, repossession, service, service charges, time limits by sally

‘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.’

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Allocation schemes and unlawful discrimination – LAG Housing Law

Posted April 27th, 2016 in age discrimination, appeals, codes of practice, disability discrimination, equality, housing, human rights, local government, news, sex discrimination, statistics by sally

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

LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

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

Posted April 27th, 2016 in age discrimination, children, disability discrimination, equality, housing, human rights, judicial review, landlord & tenant, local government, news, pilot schemes, sex discrimination, statistics by sally

‘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.’

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.’

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.’

OUT-LAW.com, 19th April 2016

Source: www.out-law.com

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