‘Neighbours from hell’ claim eviction breached their human rights – Daily Telegraph

Posted June 13th, 2011 in housing, human rights, news, noise, threatening behaviour by tracey

“Paul and Amanda Wilkes and their two children were finally thrown out of their home after 57 allegations of anti-social behaviour in just five months. But they have secured legal aid to take Blackpool council to the European Court of Human Rights – despite admitting ‘we’re no angels.’ ”

Full  story

Daily Telegraph, 11th June 2011

Source: www.telegraph.co.uk

Quarter of young offenders ‘come from care homes’ – BBC News

Posted May 26th, 2011 in care homes, housing, news, recidivists, young offenders by sally

“A quarter of the 1,600 children held in young offenders’ institutions in England and Wales have been in care, a report by prison inspectors has found.”

Full story

BBC News, 26th May 2011

Source: www.bbc.co.uk

Regina (Nassery) v Brent London Borough Council – WLR Daily

Posted May 13th, 2011 in housing, law reports, local government, mental health by tracey

Regina (Nassery) v Brent London Borough Council [2011] EWCA Civ 539; [2011] WLR (D) 156 

“Where a local authority was assessing whether a person was ‘in need of care and attention’ for the purposes of section 21(1)(a) of the National Assistance Act 1948 the primary focus was on present rather than future needs, but provided there was a present need for some sort of care an authority was also empowered to intervene before it became much worse.”

WLR Daily, 11th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina (G) v Lambeth London Borough Council and another – WLR Daily

Posted May 11th, 2011 in children, housing, law reports, local government, social services by sally

Regina (G) v Lambeth London Borough Council and another [2011] EWCA Civ 526; [2011] WLR (D) 152

“Accommodation ostensibly provided to a child aged 16 to 17 by a council as a local housing authority was to be deemed to be accommodation provided by it as a children’s services authority where the child met the criteria of a ‘child in need’ within section 17(10) of the Children Act 1989 and the actions of a social worker working for the council in a different team could properly be imputed to the social services division. Consequently on reaching adulthood that person became a ‘former relevant child’ within section 23C(1) of the 1989 Act, as inserted, and was owed the duties set out in that section.”

WLR Daily, 6th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sharif v Camden London Borough Council – WLR Daily

Posted May 6th, 2011 in families, homelessness, housing, law reports, local government by sally

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Posted April 21st, 2011 in appeals, disability discrimination, housing, law reports by sally

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Child Poverty Action Group mounts legal challenge to welfare reform – The Guardian

Posted March 7th, 2011 in benefits, budgets, housing, judicial review, news by sally

“The government is facing a legal challenge to its controversial plans to cap housing benefit payments on the grounds that large areas of the south-east will become off limits to the poor, with lone parents and ethnic minorities ‘disproportionately affected’.”

Full story

The Guardian, 7th March 2011

Source: www.guardian.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Young offenders leaving custody for life of homelessness and reoffending – The Guardian

Posted February 28th, 2011 in charities, homelessness, housing, news, recidivists, reports, young offenders by sally

“Children as young as 13 are being released from custody without a safe place to live, forcing them into a cycle of homelessness and reoffending, research has shown.”

Full story

The Guardian, 28th February 2011

Source: www.guardian.co.uk

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges get power to fast-track eviction of nasty neighbours – The Independent

Posted January 11th, 2011 in ASBOs, housing, landlord & tenant, news, nuisance by sally

“Judges are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”

Full story

The Independent, 11th January 2011

Source: www.independent.co.uk

Eric Pickles curbs councils’ empty home seizure powers – BBC News

Posted January 7th, 2011 in empty dwelling management orders, housing, local government, news by sally

“Councils will have to wait two years before seizing empty homes under plans by Communities Secretary Eric Pickles.”

Full story

BBC News, 7th January 2011

Source: www.bbc.co.uk

Council house tenants set for eviction rule change – The Guardian

Posted November 22nd, 2010 in housing, local government, news by sally

Councils are to be given powers to evict or transfer new tenants after as little as two years if their financial circumstances improve, under plans to be unveiled tomorrow.

Full story

The Guardian, 21st November 2010

Source: www.guardian.co.uk

Housing and legal bodies warn of ‘dire consequences’ from new mortgage rules – The Guardian

Posted November 17th, 2010 in financial regulation, housing, mortgages, news by sally

“A coalition of the UK’s leading housing and legal organisations have written to Chancellor George Osborne warning of ‘dire consequences’ for homebuyers and the building industry if Financial Service Authority proposals for mortgage regulation are implemented.”

Full story

The Guardian, 16th November 2010

Source: www.guardian.co.uk

Legal aid cuts would remove free advice for thousands of people – The Guardian

Posted November 16th, 2010 in family courts, housing, legal aid, news by sally

“Hundreds of thousands of people with family and housing law problems will no longer have access to free legal advice under government proposals announced today (15 November).”

Full story

The Guardian, 15th November 2010

Source: www.guardian.co.uk

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government – WLR daily

Posted November 12th, 2010 in housing, judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government [2010] EWHC 2866 (Admin); [2010] WLR (D) 287

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Big society’ decision to scrap regional housing targets ruled unlawful – The Guardian

Posted November 11th, 2010 in housing, judicial review, news, planning by sally

“A decision by the communities secretary, Eric Pickles, to scrap regional housing targets in pursuit of the government’s ‘big society’ initiative was ruled unlawful by the high court today.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) – WLR daily

Posted November 5th, 2010 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278

“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Posted October 22nd, 2010 in asylum, children, housing, law reports, local government by sally

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.