Leasehold ban not included in housing reform law – BBC News
‘The UK government’s proposed ban on the sale of new leasehold houses has not been included in its bill to reform housing rights.’
BBC News, 30th November 2023
Source: www.bbc.co.uk
Category: housing
Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer
‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’
Local Government Lawyer, 30th November 2023
Source: www.localgovernmentlawyer.co.uk
Landlords of crowded London flat that caught fire plead guilty to criminal charges – The Guardian
‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’
The Guardian, 28th November 2023
Source: www.theguardian.com
Homelessness – Local Government Law
‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’
Local Government Law, 29th November 2023
Source: local-government-law.11kbw.com
Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer
‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’
Local Government Lawyer, 21st November 2023
Source: www.localgovernmentlawyer.co.uk
Competition watchdog seeks views on use of landbanks and how planning rules affect competition – Local Government Lawyer
‘The Competition and Markets Authority (CMA) has published two ‘working papers’ seeking feedback on its assessment of the use of landbanks, and how planning rules concerning zoning, consultations and local plan processes may be impacting competition and how new homes are delivered.’
Local Government Lawyer, 21st November 2023
Source: www.localgovernmentlawyer.co.uk
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal
Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.
Nearly Legal, 19th November 2023
Source: nearlylegal.co.uk
Matthew Smith on Service Charges: Section 27A LTA 1985 & Estoppel by Convention – Park Square Barristers
‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’
Park Square Barristers, 11th October 2023
Source: www.parksquarebarristers.co.uk
Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer
‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’
Local Government Lawyer, 10th November 2023
Source: www.localgovernmentlawyer.co.uk
Court of Appeal to conclude hearing on compulsory ADR – Legal Futures
‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’
Legal Futures, 10th November 2023
Source: www.legalfutures.co.uk
The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers
‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’
Falcon Chambers, 9th October 2023
Source: www.falcon-chambers.com
Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer
‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’
Local Government Lawyer, 9th November 2023
Source: www.localgovernmentlawyer.co.uk
The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers
‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’
Falcon Chambers, 2nd October 2023
Source: www.falcon-chambers.com
Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers
‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’
Tanfield Chambers, 19th October 2023
Source: www.tanfieldchambers.co.uk
No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com
‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’
OUT-LAW.com, 6th November 2023
Source: www.pinsentmasons.com
The Court of Appeal on property guardians and HMOs – Local Government Lawyer
‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’
Local Government Lawyer, 3rd November 2023
Source: www.localgovernmentlawyer.co.uk
Coventry council used Airbnbs to house ‘‘vulnerable’’ teenage boy accused of rape – The Guardian
‘Judge accuses local authority of a ‘lackadaisical’ attitude to the 16-year-old’s care after regulated providers refused to give him a place.’
The Guardian, 2nd November 2023
Source: www.theguardian.com
Ombudsman finds severe maladministration for Clarion in “tragic” noise case following death of resident who took his own life – Local Government Lawyer
‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’
Local Government Lawyer, 2nd November 2023
Source: www.localgovernmentlawyer.co.uk
Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer
‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’
Local Government Lawyer, 2nd November 2023
Source: www.localgovernmentlawyer.co.uk
Property Guardians and HMOs – occupation and use – Nearly Legal
‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’
Nearly Legal, 29th October 2023
Source: nearlylegal.co.uk
