Public Law and Article 8 at Eviction Stage – Hardwicke Chambers

Posted August 14th, 2012 in armed forces, disabled persons, housing, news, repossession by sally

“On 30th July 2012 Ingrid Simler QC, sitting as a Deputy High Court Judge, handed down judgment in JL-v- (1) Secretary of State for Defence (2) Leeds City Council (Interested Party) [2012] EWHC 2216 (Admin).”

Full story

Hardwicke Chambers, 6th August 2012

Source: www.hardwicke.co.uk

Regina v Sumal & Sons (Properties) Ltd – WLR Daily

Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840;  [2012] WLR (D)  247

“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”

WLR Daily, 8th August 2012

Source: www.iclr.co.uk

Solihull Metropolitan Borough Council v Hickin – WLR Daily

Posted July 27th, 2012 in housing, landlord & tenant, law reports, married persons, succession by sally

Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224

“Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Former Dale Farm travellers face new eviction attempt – The Guardian

Posted July 25th, 2012 in housing, local government, news, planning, repossession, travellers by tracey

“Basildon council is preparing to bring back bailiffs after travellers removed from Europe’s largest illegal site at Dale Farm in Essex moved to a neighbouring settlement.”

Full story

The Guardian, 25th July 2012

Source: www.guardian.co.uk

 

High Court rules on the history of the caravan – Daily Telegraph

Posted July 25th, 2012 in housing, news, planning by tracey

“A senior judge wrote a brief history of the caravan after the Court of Appeal ruled on a planning dispute.”

Full story

Daily Telegraph, 24th July 2012

Source: www.telegraph.co.uk

Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

Full story (PDF)

Zenith Chambers, 5th July 2012

Source: www.zenithchambers.co.uk

Lawcastt 211: Giles Peaker of the Nearly Legal blog on housing law and the changing legal world – Charon QC

Posted July 5th, 2012 in housing, podcasts by sally

“Today I am talking to Giles Peaker, a solicitor at Anthony Gold Solicitors and founder of the Nearly Legal blog – a specialist housing blog which has grown with Giles since he became ‘fully legal’ and started working with ten barrister and solicitor contributors.”

Podcast

Charon QC, 5th July 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Flat adverts that may be breaking the law – BBC News

Posted July 3rd, 2012 in advertising, housing, news, race discrimination, sex discrimination by sally

“‘To let’ advertisements that specify a particular race or religion are visible in newsagents windows in many areas of London. But are they breaking the law?”

Full story

BBC News, 3rd July 2012

Source: www.bbc.co.uk

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Article 8 and a half – wider than thought, but will it work? – UK Human Rights Blog

Posted June 13th, 2012 in families, housing, human rights, immigration, interpretation, news by sally

“The Home Office has released its Statement of Intent on Family Migration, which, amongst other things, makes the position a little clearer on its plans for Article 8 of the European Convention on Human Rights, as discussed in my earlier post.”

Full story

UK Human Rights Blog, 13th June 2012

Source: www.ukhumanrightsblog.com

Plans to regenerate London’s Crystal Palace Park upheld – The Independent

Posted June 12th, 2012 in housing, London, news, planning by sally

“Multi-million pound plans to regenerate historic Crystal Palace Park were upheld by the High Court today.”

Full story

The Independent, 12th June 2012

Source: www.independent.co.uk

Ready or Not…: Ground 8 and Potential Public Law Defences – Hardwicke Chambers

“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”

Full story

Hardwicke Chambers, 31st May 2012

Source: www.hardwicke.co.uk

Sir Arthur Conan Doyle house campaigners win court ruling – BBC News

Posted May 30th, 2012 in housing, local government, news, planning by tracey

“A High Court judge has ruled that plans to develop the former home of Sherlock Holmes creator Sir Arthur Conan Doyle ‘must be quashed.’ ”

Full story

BBC News, 30th May 2012

Source: www.bbc.co.uk

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 21 May (PDF)
Local Government Law Update: 22 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

El Goure v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

El Goure v Kensington and Chelsea Royal London Borough Council [2012] EWCA Civ 670; [2012] WLR (D) 155

“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Maswaku v Westminster City Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153

“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

The Duty to House and Support the Vulnerable – Garden Court Chambers Blog

Posted May 21st, 2012 in health, housing, human rights, judicial review, local government, news by sally

“Tim Baldwin summarises a recent noteworthy High Court decision on housing and support for a terminally ill individual.”

Full story

Garden Court Chambers Blog, 21st May 2012

Source www.gclaw.wordpress.com

Housing benefit system discriminated against disabled people, rules Court of Appeal – UK Human Rights Blog

Posted May 21st, 2012 in appeals, benefits, disability discrimination, housing, human rights, news by sally

“In the same week that the Secretary of State for Work and Pensions, Iain Duncan-Smith, announced his intention to implement sweeping reforms of the current system of disability benefits, the Court of Appeal has ruled that housing benefit rules were discriminatory against disabled people, in breach of Article 14 read with Article 1 Protocol 1 of the European Convention.”

Full story

UK Human Rights Blog, 19th May 2012

Source: www.ukhumanrightsblog.com

Disability Discrimination and Housing Allowance: The Importance of Article 14 – Garden Court Chambers Blog

Posted May 16th, 2012 in appeals, benefits, disability discrimination, housing, human rights, news by tracey

“Desmond Rutledge explains a landmark Court of Appeal decision upholding the rights of the severely disabled.”

Full story

Garden Court Chambers Blog, 15th May 2012

Source: www.gclaw.wordpress.com