‘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
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
‘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
‘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
‘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
‘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
‘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
‘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
‘“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
‘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 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
‘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
‘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
‘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
‘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
‘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.’
The Guardian, 30th October 2023
Source: www.theguardian.com
‘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.’
The Guardian, 25th October 2023
Source: www.theguardian.com
‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’
Local Government Lawyer, 25th October 2023
Source: www.localgovernmentlawyer.co.uk
‘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”.’
Local Government Lawyer, 25th October 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 23rd October 2023
Source: nearlylegal.co.uk
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