Incurred and incurred again – Nearly Legal

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

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Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer

Posted December 1st, 2017 in housing, local government, news, planning by tracey

‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’

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Local Government Lawyer, 30th November 2017

Source: localgovernmentlawyer.co.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Re-consultation for planning applications: how to do it – Charlotte Gilmartin – UK Human Rights Blog

Posted November 28th, 2017 in consultations, local government, news, planning by sally

‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Court rejects call by council for pensions set-off from officer convicted of fraud – Local Government Lawyer

Posted November 27th, 2017 in equity, fraud, interpretation, local government, London, news, ombudsmen, pensions, regulations by sally

‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’

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Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

District wins first ever judicial review challenge to decision of planning inspector – Local Government Lawyer

Posted November 27th, 2017 in appeals, judicial review, local government, news, planning by sally

‘Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.’

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Local Government Lawyer, November 2017

Source: www.localgovernmentlawyer.co.uk

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The expansion of Vicarious Liability: Armes v Nottinghamshire County Council [2017] UKSC 60 – Park Square Barristers

Posted November 23rd, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’

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Park Square Barristers, 9th November 2017

Source: www.parksquarebarristers.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

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The 36 Group, 23rd October 2017

Source: 36group.co.uk

Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers

‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers

Posted November 23rd, 2017 in appeals, costs, damages, local government, mental health, news by sally

‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo

‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’

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RightsInfo, 22md November 2017

Source: rightsinfo.org

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Homelessness Update – Doughty Street Chambers

‘Annual Review of Developments in Homelessness Law presentation slides.’

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Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk

Commercial property: Restrictive covenants – Law Society’s Gazette

Posted November 22nd, 2017 in insurance, local government, London, news, planning, restrictive covenants, tribunals by sally

‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’

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Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

Court of Appeal rejects challenge over power to close parks for festivals – Local Government Lawyer

‘The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk