Category: housing

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

Refugees in Home Office hotels will be given twice as long to find new accommodation before eviction – The Independent

Posted December 6th, 2024 in asylum, government departments, hotels, housing, immigration, news, refugees, time limits, visas by michael

‘The Home Office has extended the grace period that an asylum seeker has to transition from supported housing to their own accommodation from 28 to 56 days. The move is a victory for councils and charities who have been pressing the government for the change.’

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The Independent, 5th December 2024

Source: www.independent.co.uk

Housing case law update: November 2024 – Local Government Lawyer

Posted December 5th, 2024 in anti-social behaviour, homelessness, houses in multiple occupation, housing, local government, news, repossession, sex discrimination by tracey

‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Pitch fee increases and exceptionally high RPI/CPI: The Mobile Homes Act 1983 – Local Government Lawyer

Posted December 5th, 2024 in fees, housing, local government, news by tracey

‘Is an exceptional level of RPI good reason to depart from an increase in pitch fees at that level? Joe Warren examines a recent Upper Tribunal ruling.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Trends in disrepair and complex housing claims – Local Government Lawyer

Posted December 5th, 2024 in equality, housing, human rights, landlord & tenant, news, repairs by tracey

‘Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by tracey

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Legal fight against homes between protected commons – BBC News

Posted December 4th, 2024 in commons, environmental protection, housing, local government, news, planning by tracey

‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

Landlord behind 15-room unlicensed HMO sentenced – Local Government Lawyer

Posted December 3rd, 2024 in fines, houses in multiple occupation, housing, landlord & tenant, licensing, news, sentencing by tracey

‘Runnymede Borough Council has successfully prosecuted a landlord who converted a three-bedroom bungalow into a 15-room unlicensed house of multiple occupation (HMO).’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer

Posted December 3rd, 2024 in asylum, benefits, children, housing, judicial review, local government, news, young persons by tracey

‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Posthumous Right to Buy – Nearly Legal

Posted December 2nd, 2024 in housing, news, right to buy, succession by tracey

‘Howe v Brent London Borough Council (2024) EWCA Civ 1444. Just a quick note on this Court of Appeal judgment on whether “a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is established, dies after B’s entitlement to share A’s right to buy has been claimed by A, but before the landlord has accepted B’s right or it has been established by the County Court.” ‘

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

New deadlines set for fixing dangerous cladding – BBC News

Posted December 2nd, 2024 in accidents, building law, construction industry, fire, government departments, health & safety, housing, news, repairs by tracey

‘Plans to speed up the removal of unsafe cladding, including target dates for making buildings safe and tougher penalties for refusing to act, have been announced by ministers.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk