housing – Page 74 – Current Awareness

The Anti-Social Behaviour, Crime & Policing Act 2014 – Hardwicke Chambers

Posted May 12th, 2014 in ASBOs, enforcement, housing, injunctions, local government, news, repossession by sally

‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’

Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

Council defeats developers in High Court skirmish over neighbourhood plan – Local Government Lawyer

Posted May 12th, 2014 in appeals, environmental protection, housing, inquiries, judicial review, local government, news, planning by sally

‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’

Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

The Tenant (Super)Strikes Back – NearlyLegal

Posted May 9th, 2014 in deposits, housing, landlord & tenant, news by sally

‘As we noted when writing up Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (see our note, here), the case left open an interesting – and important – question. If a fixed term has expired and a statutory periodic tenancy arisen, do the requirements in s.213, Housing Act 2004 (deal with the deposit in accordance with an authorised scheme; comply with any initial requirements of the scheme; provide the prescribed information in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007) arise again? If they do, does non-compliance render s.21 notices invalid (s.215)and/or expose landlords to the statutory damages (s.214).’

NearlyLegal, 8th May 2014

Source: www.nearlylegal.co.uk

High Court challenge to Solihull Local Plan succeeds in relation to housing numbers and green belt boundaries – OUT-LAW.com

Posted May 2nd, 2014 in environmental protection, housing, news, planning by tracey

‘A planning inspector’s approach to the policy requirements of the National Planning Policy Framework (NPPF) in relation to housing provision in a local plan was not correct or lawful, a High Court judge has ruled.’

OUT-LAW.com, 1st May 2014

Source: www.out-law.com

Ignoring the Court of Appeal? – NearlyLegal

Posted April 25th, 2014 in appeals, benefits, disability discrimination, disabled persons, housing, married persons, news by sally

‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’

NearlyLegal, 24th April 2014

Source: www.nearlylegal.co.uk

You don’t just walk away – NearlyLegal

Posted April 22nd, 2014 in costs, housing, landlord & tenant, leases, news, tribunals by sally

‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’

NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

Fiddler under the roof – NearlyLegal

Posted April 22nd, 2014 in appeals, damages, housing, injunctions, leases, news by sally

‘A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.’

NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

Posted April 15th, 2014 in appeals, employment, housing, immigration, mental health, news, social services, Supreme Court by tracey

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

Eve’s Law: addresses of domestic violence victims must be kept secret – Halsbury’s Law Exchange

Posted April 14th, 2014 in codes of practice, contempt of court, disclosure, domestic violence, housing, news, victims by sally

‘In busy working environments it is easy to make mistakes but some mistakes are more costly than others. An inadvertent disclosure of a domestic violence victim’s safe address to their abuser, for instance, could cost someone their life. Now signed by 87 MPs, Early Day Motion 900 so called “Eve’s Law” is calling for the greater protection of safe addresses.’

Halsbury’s Law Exchange, 14th April 2014

Source: www.halsburyslawexchange.co.uk

Disrepair – counterclaims after possession order – NearlyLegal

Posted April 10th, 2014 in appeals, civil procedure rules, housing, news, repossession, setting aside by sally

‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’

NearlyLegal, 9th April 2014

Source: www.nearlylegal.co.uk

Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers

Posted April 8th, 2014 in appeals, ASBOs, housing, local government, news, repossession by sally

‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’

Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

Not adding up – NearlyLegal

Posted April 8th, 2014 in appeals, homelessness, housing, local government, news, rent by sally

‘As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.’

NearlyLegal, 7th April 2014

Source: www.nearlylegal.co.uk

Court of Appeal upholds quashing of Arsenal tower permission – OUT-LAW.com

Posted April 2nd, 2014 in appeals, housing, local government, news, planning by sally

‘A High Court decision to quash planning permission for a 25-storey student tower near Arsenal’s football stadium in north London’s Upper Holloway has been upheld in the Court of Appeal.’

OUT-LAW.com, 1st April 2014

Source: www.out-law.com

Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

Posted March 27th, 2014 in deprivation of liberty safeguards, disabled persons, housing, mental health, news by tracey

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

No. 5 Chambers, 10th March 2014

Source: www.no5.com

Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

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