Category: housing

Renewed homeless applications and new facts – Nearly Legal

Posted January 27th, 2025 in appeals, expert witnesses, homelessness, housing, judicial review, local government, mental health, news by tracey

‘Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council (2025) EWCA Civ 21. A second appeal to the Court of Appeal from a judicial review of Welwyn Hatfield’s rejection of a homelessness application by Ms Ivory, on the basis that it was based on the same facts as a previous application by Ms Ivory on which Welwyn had decided no full housing duty was owed as Ms Ivory was intentionally homeless.’

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Nearly Legal, 26th January 2025

Source: nearlylegal.co.uk

Access injunctions: not as straightforward as they may seem… – Local Government Lawyer

Posted January 27th, 2025 in civil procedure rules, housing, injunctions, landlord & tenant, local government, news, practice directions by tracey

‘Jane Talbot discusses how some of the issues faced by social landlords when it comes to obtaining access injunctions can be overcome.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

Successive applications for homelessness assistance and new facts – Local Government Lawyer

Posted January 27th, 2025 in appeals, expert witnesses, homelessness, housing, judicial review, local government, mental health, news by tracey

‘Toby Vanhegan and Stephanie Lovegrove analyse a Court of Appeal ruling on whether a council was justified in declining to accept an application under section 183 of the Housing Act 1996 on the ground that it was based on the same facts as a previous application.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

DWP program that automatically approves landlord benefit deduction requests ruled unlawful – The Guardian

Posted January 27th, 2025 in benefits, computer programs, government departments, housing, landlord & tenant, news, rent, repairs by tracey

‘A “computer says yes” program that automatically approves landlord requests to deduct hundreds of pounds from tenants’ universal credit benefits without requiring officials to check first with the claimant has been declared unlawful by the courts.’

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The Guardian, 26th January 2025

Source: www.theguardian.com

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review – Garden Court Chambers

Posted January 23rd, 2025 in asylum, chambers articles, children, disabled persons, housing, judicial review, ministers' powers and duties, news, statutory duty by sally

‘In a judgment handed down on 18 December 2024, the High Court declared that the Secretary of State for the Home Department (‘SSHD’) breached her duty to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. The High Court granted a mandatory order requiring the Claimants (C1 and C2) to be moved to adequate accommodation that would meet the needs of the C2, a severely disabled child.’

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Garden Court Chambers, 19th December 2025

Source: gardencourtchambers.co.uk

Service of documents – post and deemed service – Nearly Legal

Posted January 20th, 2025 in appeals, housing, interpretation, landlord & tenant, news, notification, postal service, service by tracey

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

The importance of Jervis v Harris [1996] – a contractual self-help tool for landlords – Local Government Lawyer

Posted January 15th, 2025 in enforcement, housing, landlord & tenant, leases, news, repairs by tracey

‘James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

Take notice of these decisions – Gatehouse Chambers

Posted January 13th, 2025 in appeals, chambers articles, housing, landlord & tenant, news, notification, rent, Supreme Court by sally

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Housing disrepair and ADR following Churchill v Merthyr Tydfil County Borough Council (Law Society and others intervening) [2023] EWCA Civ 1416 – Park Square Barristers

Posted December 19th, 2024 in appeals, chambers articles, dispute resolution, housing, local government, news, repairs by sally

‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’

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Park Square Barristers, 17th December 2024

Source: www.parksquarebarristers.co.uk

Judges reject appeal by council in dispute over entitlement to right to buy – Local Government Lawyer

Posted December 19th, 2024 in housing, local government, London, news, right to buy by sally

‘The London Borough of Hackney has lost a Court of Appeal case over the eligibility for right to buy of a rabbi who occupied a home for only part of the time.’

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Local Government Lawyer, 19th December 2024

Source: www.localgovernmentlawyer.co.uk

Grenfell families complain to architect regulator – BBC News

Posted December 17th, 2024 in accidents, building law, construction industry, fire, housing, insolvency, negligence, news by tracey

‘The families of three people who died in the Grenfell Tower fire are supporting a letter of complaint to a regulator about the architects involved in the block’s refurbishment.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, limitations, news, notification, time limits by sally

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Roof Terraces and Higher Risk Buildings – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, news by sally

‘This post considers the First-tier Tribunal’s decision in Blomfield v Monier Road Limited (Smoke House & Curing House) LON/00BG/HYI/2023/0024.’

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Falcon Chambers, 12th November 2024

Source: www.falcon-chambers.com

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman demands social housing providers address “complacency” towards dealing with hazards – Local Government Lawyer

Posted December 12th, 2024 in health, health & safety, housing, news, ombudsmen by sally

‘The Housing Ombudsman has urged housing providers to improve their response to hazards ahead of the introduction of Awaab’s Law.’

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Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk

Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by tracey

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Orders for forced entry after injunction – Nearly Legal

Posted December 9th, 2024 in appeals, civil procedure rules, county courts, housing, injunctions, landlord & tenant, news by sally

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk