What role does mediation play in social housing? – Hardwicke Chambers

‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’

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Hardwicke Chambers, 3rd December 2013

Source: www.hardwicke.co.uk

What use is a Zambrano right of residence? – NearlyLegal

Posted December 11th, 2013 in Administrative Court, appeals, benefits, children, EC law, housing, immigration, news by sally

‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’

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NearlyLegal, 9th December 2013

Source: www.nearlylegal.co.uk

Allocations and legitimate expectation – NearlyLegal

Posted December 2nd, 2013 in housing, judicial review, local government, news by sally

‘In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham’s housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its representation. It is a case which demonstrates (again) just how hard it is to shoehorn a genuine grievance into a successful JR challenge, doubly so in the context of a local authority allocation scheme.’

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NearlyLegal, 1st December 2013

Source: www.nearlylegal.co.uk

DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer

‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’

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Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Occasional visits to the UK did not stop an individual being non-resident, said judge – OUT-LAW.com

Posted November 28th, 2013 in domicile, housing, news, taxation, tribunals by tracey

‘An individual who periodically visited the UK was not UK resident as he had substantially loosened his family ties in the UK, according to the First Tier Tax Tribunal.’

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OUT-LAW.com, 27th November 2013

Source: www.out-law.com

Court rejects claim council owed duty to use general power of competence – Local Government Lawyer

Posted November 27th, 2013 in children, housing, human rights, immigration, local government, news, statutory duty by tracey

‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’

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Local Government Lawyer, 26th November 2013

Source: www.localgovernmentlawyer.co.uk

Thousands of ‘right to buy’ negligence cases piling up against conveyancers – Legal Futures

‘Law firms are facing thousands of claims for professional negligence over their involvement in “right to buy” work, it has emerged.’

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Legal Futures, 27th November 2013

Source: www.legalfutures.co.uk

On families, powers and duties to accommodate – NearlyLegal

‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’

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NearlyLegal, 26th November 2013

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

EU migrants: David Cameron sets out more benefit restrictions – The Guardian

Posted November 27th, 2013 in benefits, bills, EC law, employment, enforcement, fines, housing, immigration, news, statistics by tracey

‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by tracey

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

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NearlyLegal, 24th November 2013

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

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by tracey

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

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NearlyLegal, 24th November 2013

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

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by tracey

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

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NearlyLegal, 24th November 2013

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

Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer

“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”

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Local Government Lawyer, 19th November 2013

Source: www.localgovernmentlawyer.co.uk

The “bedroom tax” and human rights – Hardwicke Chambers

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

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Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

Sleepwalking into error – NearlyLegal

Posted November 14th, 2013 in appeals, default judgments, housing, news by tracey

“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”

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NearlyLegal, 13th November 2013

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

I don’t want to go to… Lambeth – NearlyLegal

Posted November 13th, 2013 in appeals, domestic violence, homelessness, housing, local government, news, statutory duty by tracey

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

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NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

Housebuilders can win permission direct from ministers if councils are too slow – Daily Telegraph

Posted November 13th, 2013 in environmental protection, housing, local government, news, planning by tracey

“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”

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Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

High Court date set for office-to-home conversion rights challenge – OUT-LAW.com

Posted November 12th, 2013 in housing, judicial review, local government, news, planning by tracey

“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”

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OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) – WLR Daily

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action : [2013] EWHC 3350 (QB);   [2013] WLR (D)  425

“The ‘benefit cap’ set in the Benefit Cap (Housing Benefit) Regulations 2012, amending the Housing Benefit Regulations 2006, did not unjustifiably discriminate against women and large families contrary to article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

 

Of Superglue and Residence – NearlyLegal

Posted November 7th, 2013 in evidence, housing, news, retrials, squatting, trespass by tracey

“A prosecution under s.144 LASPO that came unstuck.”

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NearlyLegal, 5th November 2013

Source: www.nearlylegal.co.uk