Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’

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The Guardian, 23rd September 2022

Source: www.theguardian.com

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Surge in ‘no-fault evictions’ prompts calls to renew UK-wide ban – The Guardian

‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’

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The Guardian, 22nd September 2022

Source: www.theguardian.com

Energy bills: New law will force landlords to pass on £400 rebate – BBC News

Posted September 22nd, 2022 in energy, landlord & tenant, news, rent by sally

‘Landlords will be forced through legislation to pass on the £400 energy rebate to tenants with all-inclusive bills, the government says.’

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BBC News, 21st September 2022

Source: www.bbc.co.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by tracey

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer

Posted September 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’

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Local Government Lawyer, 13th September 2022

Source: www.localgovernmentlawyer.co.uk

Will Plans To End ‘No Fault’ Evictions Make A Difference? – Each Other

Posted August 23rd, 2022 in housing, landlord & tenant, news, repossession by sally

‘New measures outlined by the government will ban private landlords from issuing “no fault” evictions. The latest government statistics show that the number of tenants evicted by their landlords has more than tripled since this time last year. The homeless charity, Crisis has said “no fault” evictions where landlords do not have to establish a fault on the part of the person renting their property, have risen by 52% in the last three months.’

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Each Other, 22nd August 2022

Source: eachother.org.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Government to make it easier for landlords to evict people who fall behind on rent – The Independent

Posted August 22nd, 2022 in bills, government departments, housing, landlord & tenant, news, rent, repossession by tracey

‘Housing campaigners have sounded the alarm over government plans to make it easier for landlords to evict tenants who fall behind on their rent. The government wants to change the law so that evictions can take place if someone repeatedly falls into arrears – even if they catch up on payments.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds severe maladministration at housing association over failings in response to silverfish infestation – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at housing association Metropolitan Thames Valley (MTVH) over its failings in responding to a silverfish infestation at a resident’s flat.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders in the Upper Tribunal – Nearly Legal

Posted July 18th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors.’

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Nearly Legal, 17th July 2022

Source: nearlylegal.co.uk

Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by tracey

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

New measures in Leicester to tackle rogue landlords – BBC News

Posted July 13th, 2022 in consultations, housing, landlord & tenant, licensing, local government, news by tracey

‘New licensing measures are being introduced in parts of Leicester to help tackle rogue landlords, the city council said.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by tracey

‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’

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House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

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The Guardian, 26th June 2022

Source: www.theguardian.com

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk