Category: housing

Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227;   [2014] WLR (D)  119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

The prevention of Social Housing Fraud Act 2013: What will it do? – Hardwicke Chambers

Posted March 10th, 2014 in fraud, housing, landlord & tenant, local government, news by sally

‘This presentation considers the Prevention of Social Housing Fraud Act (―the Act‖), which came into force on 15 October 2013, from a practical perspective. A brief background to the Act will be set out below at paragraphs 3 to 7 along with the intended effects. There will then follow an examination of the provisions of the Act and an evaluation of its likely future impact and use, particularly on and by local authorities and housing associations.’

Full story

Hardwicke Chambers, 28th February 2014

Source: www.hardwicke.co.uk

Basically, we are all… – NearlyLegal

Posted March 5th, 2014 in appeals, costs, delay, housing, news, proportionality, retrospectivity, solicitors, time limits by sally

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

The Law Commission’s Report on Matrimonial Property, Needs and Agreements – Family Law Week

Posted March 3rd, 2014 in consultations, divorce, financial dispute resolution, housing, news, prenuptial agreements by sally

‘Spencer Clarke, Lawyer in the Property, Family and Trust Law Team at the Law Commission considers the Key recommendations of the Law Commision’s Report on Matrimonial, Property, Needs and Agreements.’

Full story

Family Law Week, 27th February 2014

Source: www.familylawweek.co.uk

Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

Posted February 27th, 2014 in appeals, benefits, domestic violence, housing, human rights, news, regulations, sex discrimination, social security, treaties by sally

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

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Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

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NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Judge orders fresh decision over property and care home fee payment – Local Government Lawyer

Posted February 18th, 2014 in care homes, elderly, fees, housing, local government, news by sally

‘A claimant has successfully challenged a council’s decision to uphold its reversal of a previous decision to disregard a property owned by her mother in calculating the mother’s ability to pay care home fees.’

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Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Discharge of duty by helping eviction – NearlyLegal

Posted February 18th, 2014 in appeals, housing, judicial review, local government, news by sally

‘This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.’

Full story

NearlyLegal, 17th February 2014

Source: www.nearlylegal.co.uk

When is a bedroom not a bedroom? – Hardwicke Chambers

Posted February 14th, 2014 in benefits, disabled persons, housing, news by sally

‘Iain Duncan Smith, the Work and Pensions Secretary, could be forgiven for thinking that 2014 is not shaping up to be a great year for him. In the last month, the list of tribunal decisions freeing tenants from the so-called bedroom tax has been growing ever larger.’

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Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

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OUT-LAW.com, 13th February 2014

Source: www.out-law.com

Care fees ruling: the implications for other families – Daily Telegraph

Posted February 13th, 2014 in care homes, elderly, families, fees, housing, news by sally

‘Worcestershire County Council has lost a court battle over its attempt to sell a woman’s home to pay for care.’

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Daily Telegraph, 12th February 2014

Source: www.telegraph.co.uk

Deciding without a decision – NearlyLegal

Posted February 10th, 2014 in children, families, homelessness, housing, human rights, judicial review, local government, news, statutory duty by tracey

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by tracey

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

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NearlyLegal, 2nd February 2014

Source: www.nearlylegal.co.uk/blog/

Council acted unlawfully in refusing tenancy – UK Human Rights Blog

Posted January 30th, 2014 in housing, illegality, landlord & tenant, local government, news, solicitors by sally

‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’

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UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

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NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

Full story

NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

HB and Exempt accommodation: unreasonably high rent – NearlyLegal

Posted January 24th, 2014 in benefits, housing, landlord & tenant, news, rent, service charges by sally

‘I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike (#fairpayinHE). But, it is a really quite important case about the application of the unreasonably high rent rule for “exempt accommodation” in Reg 13 and Sch 3 of the 2006 Housing Benefit regs. The principal question of law concerns the meaning of “suitable alternative accommodation” in those regs.’

Full story

NearlyLegal, 23rd January 2014

Source: www.nearlylegal.co.uk

Fracking fears as landowners lay claim to ancient rights – Daily Telegraph

Posted January 16th, 2014 in energy, fracking, housing, land registration, news by tracey

‘Fears that landowners could use ancient rights to allow fracking under people’s homes have been raised following the disclosure on Wednesday that more than 73,000 claims to manorial rights in England and Wales have been received by the Land Registry. The claims have resulted in thousands of home owners being sent letters informing them that landowners or institutions have the rights to mineral extraction under their property. This has raised fears the landowners could try to exercise those rights for mining or fracking.’

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Daily Teelgraph, 16th Janaury 2014

Source: www.telegraph.co.uk

Bedroom tax loophole could exempt 40,000 wrongly identified as liable – The Guardian

Posted January 10th, 2014 in benefits, government departments, housing, news by tracey

‘Thousands of people have been wrongly identified as liable for the bedroom tax, including some who now face eviction or have been forced to move to a smaller property, as a result of an error by Department of Work and Pensions. Housing experts believe as many as 40,000 people could be affected by the mistake. The DWP says it believes only a “small number” of tenants are affected, which it estimates number 5,000.’

Full story

The Guardian, 9th January 2014

Source: www.guardian.co.uk