‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’
Local Government Lawyer, 21st May 2014
Source: www.localgovernmentlawyer.co.uk
‘When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be?’
NearlyLegal, 18th May 2014
Source: www.nearlylegal.co.uk
‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’
Hardwicke Chambers, 30th April 2014
Source: www.hardwicke.co.uk
‘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
‘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
‘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
‘Desmond Rutledge looks at the role discretionary housing payments (DHPs) have assumed in the wake of the Government’s welfare reform programme and examines the scope for challenging DHP decisions.’
Garden Court Chambers Blog, 7th May 2014
Source: www.gclaw.wordpress.com
‘Human rights campaign group Liberty has been given permission by a High Court judge to bring a judicial review claim over the impact of the Government’s spare-room subsidy or “bedroom tax” on separated families with shared custody of children.’
Local Government Lawyer, 2nd May 2014
Source: www.localgovernmentlawyer.co.uk
‘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
‘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
‘The Supreme Court will next week hold an expedited hearing of a challenge to the Government’s introduction of the controversial “benefit cap”. The case of R on the application of SG and others (previously JS and others) (Appellants) v The Secretary of State for Work and Pensions (Respondents) will be heard over two days on 29-30 April by a panel comprising Lady Hale, Lord Kerr, Lord Reed, Lord Carnwath and Lord Hughes.’
Local Government Lawyer, 23rd April 2014
Source: www.localgovernmentlawyer.co.uk
‘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
‘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
‘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
‘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
‘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
‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’
Hardwicke Chambers, 12th March 2014
Source: www.hardwicke.co.uk
‘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
‘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
‘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
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