Category: housing

The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘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.’

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Falcon Chambers, 9th October 2023

Source: www.falcon-chambers.com

Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer

Posted November 9th, 2023 in houses in multiple occupation, housing, landlord & tenant, local government, news, penalties by sally

‘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”.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

Posted November 9th, 2023 in building law, chambers articles, construction industry, health & safety, housing, landlord & tenant, news by sally

‘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.’

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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

Posted November 8th, 2023 in building law, chambers articles, construction industry, health & safety, housing, landlord & tenant, news by sally

‘“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.’

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Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘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.’

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OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

Posted November 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, licensing, local government, news by tracey

‘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.’

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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

Posted November 3rd, 2023 in housing, local government, mental health, news, rape, sexual offences, young offenders by tracey

‘Judge accuses local authority of a ‘lackadaisical’ attitude to the 16-year-old’s care after regulated providers refused to give him a place.’

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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

Posted November 2nd, 2023 in complaints, housing, landlord & tenant, local government, maladministration, mental health, news, noise, ombudsmen, suicide by sally

‘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.’

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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

Posted November 2nd, 2023 in appeals, care homes, families, housing, human rights, local government, news by sally

‘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.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – occupation and use – Nearly Legal

Posted October 30th, 2023 in appeals, houses in multiple occupation, housing, local government, news, repossession by tracey

‘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.’

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Nearly Legal, 29th October 2023

Source: nearlylegal.co.uk

Child asylum seekers in UK forced to share hotel rooms with adults – The Guardian

Posted October 30th, 2023 in asylum, children, government departments, housing, immigration, news, refugees by tracey

‘Child asylum seekers are being forced to share hotel rooms with adults, as the Home Office’s new hotel “maximisation” programme begins doubling the capacity of refugee hotels by putting two strangers in roomsspaces that were previously single occupancy, a charity has warned.’

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The Guardian, 30th October 2023

Source: www.theguardian.com

Government faces legal challenge over ‘unlawful segregation’ of asylum seekers – The Guardian

Posted October 26th, 2023 in asylum, housing, ministers' powers and duties, news, statutory duty by sally

‘The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.’

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The Guardian, 25th October 2023

Source: www.theguardian.com

Council prosecution sees landlord sentenced to eight weeks in prison after threat to tenant – Local Government Lawyer

Posted October 25th, 2023 in housing, landlord & tenant, local government, news, notification, repossession by sally

‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’

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Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

Government to delay abolition of no-fault evictions until reforms to court system in place – Local Government Lawyer

Posted October 25th, 2023 in bills, delay, government departments, housing, landlord & tenant, news, repossession by sally

‘The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.’

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Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

The multiple deposit penalty claim question – yet again – Nearly Legal

Posted October 24th, 2023 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Szorad & Anor v Kohli (2023) EW Misc 12 (CC). A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit.’

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Nearly Legal, 23rd October 2023

Source: nearlylegal.co.uk

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

Posted October 23rd, 2023 in appeals, health & safety, homelessness, housing, landlord & tenant, local government, news by tracey

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

The Key Reforms of the Social Housing (Regulation) Act 2023 – Transparency, Influence and Accountability Standard – Local Government Lawyer

Posted October 23rd, 2023 in housing, landlord & tenant, local government, news by tracey

‘In this digest, Louise Leaver and Sarah Greenhalgh look at the impact of the Transparency, Influence and Accountability Standard.’

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Local Government Lawyer, 23rd October 2023

Source: www.localgovernmentlawyer.co.uk

Judges to rule on whether tenants in England have right to keep a pet – The Guardian

Posted October 23rd, 2023 in animals, bills, housing, landlord & tenant, news by tracey

‘Judges are to be asked to rule on whether private landlords can “reasonably” deny a tenant’s request to keep a pet, under sweeping reforms to the private rented sector facing a key parliamentary debate on Monday.’

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The Guardian, 23rd October 2023

Source: www.theguardian.com

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

Posted October 20th, 2023 in building law, delay, fire, health & safety, housing, landlord & tenant, local government, London, news by tracey

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

Army members allowed to give evidence to living standards inquiry – BBC News

Posted October 20th, 2023 in armed forces, evidence, government departments, housing, inquiries, news by tracey

‘Members of the armed forces will be permitted to give evidence to MPs about the standard of their living quarters in a partial government climbdown.’

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BBC News, 16th October 2023

Source: www.bbc.co.uk