Court of Appeal dismisses appeal over whether hostel room was “suitable accommodation” – Local Government Lawyer

Posted August 24th, 2023 in asylum, disabled persons, homelessness, housing, local government, news by sally

‘The Court of Appeal has dismissed a woman’s appeal against a decision that a room in a hostel was “suitable” accommodation for her to continue to occupy.’

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Local Government Lawyer, 23rd August 2023

Source: www.localgovernmentlawyer.co.uk

London borough agrees to pay £5,400 after failing to resolve damp and mould issues for more than three years – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at Newham Council over how it dealt with damp and mould, with the London borough taking more than three years to fix the issue.’

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Local Government Lawyer, 22nd August 2023

Source: www.localgovernmentlawyer.co.uk

Renewing the 1954 Act – Root and Branch or Just a Trim? – Falcon Chambers

‘Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission’s proposals to renew the Act.’

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Falcon Chambers, 19th July 2023

Source: www.falcon-chambers.com

Vulnerable children left in home with damp and mould after complaint handling failures by city council, Ombudsman finds – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration from Stoke-on-Trent City Council for a lack of stage one complaint response on two separate occasions, which left a resident and her two vulnerable children in a home with damp and mould.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Consultation on Permitted Development: Relaxing the Rules – 4-5 Gray’s Inn Square

‘On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development.’

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4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

Suitability s202 reviews and ‘minded to’ regulations – Nearly Legal

Posted August 14th, 2023 in appeals, children, education, families, homelessness, housing, local government, news by tracey

‘Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment )
This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the judgment. This is particularly inexcusable as it is a very interesting point at issue in this appeal. The brief background was that RBKC owed Ms Elbhiri the full housing duty following her homeless application. Ms E had been placed in temporary accommodation under s.193 Housing Act 1996. She then sought a review under s.202 of the suitability of the accommodation. The review upheld the suitability of the accommodation and Ms E brought a s.204 appeal.’

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Nearly legal, 13th August 2023

Source: nearlylegal.co.uk

Beware misusing personal data – Local Government Lawyer

Posted August 14th, 2023 in damages, data protection, disclosure, fraud, housing, local government, news by tracey

‘A claimant recently won a High Court damages claim against a London borough for misuse of personal data, with the council ordered to pay £6,000 in damages. Ibrahim Hasan explains why.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

High Court judge rules inspector erred in law over scope of power to require removal of operational development – Local Government Lawyer

Posted August 11th, 2023 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has decided that a planning inspector erred in law over a dispute about an enforcement notice served by Buckinghamshire Council.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Bibby Stockholm: Ministers face legal action over barge planning permissions – BBC News

Posted August 10th, 2023 in asylum, housing, local government, news, planning, ships by tracey

‘Ministers are facing legal action from the Mayor of Portland over the Bibby Stockholm migrant accommodation barge.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

First joint Ombudsman investigation finds vulnerable tenant not supported properly when faced with anti-social behaviour – Local Government Lawyer

‘The Local Government and Social Care Ombudsman and the Housing Ombudsman have jointly criticised Nottingham City Council and Nottingham City Homes (NCH) for the way they dealt with a woman’s antisocial behaviour complaints and subsequent requests to move house.’

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Local Government Lawyer, 8th August 2023

Source: www.localgovernmentlawyer.co.uk

Council “failed to act appropriately” under Equality Act during Anti-Social Behaviour case, finds Ombudsman – Local Government Lawyer

Posted August 8th, 2023 in compensation, housing, local government, mental health, news, ombudsmen by tracey

‘The Housing Ombudsman has told Sandwell Council to review its Reasonable Adjustments policy after the local authority “failed to act appropriately” under the Equality Act 2010 during an anti-social behaviour (ASB) case.’

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Local Government Lawyer, 8th August 2023

Source: www.localgovernmentlawyer.co.uk

Legal reprieve for asylum seekers ordered to live on Dorset barge – The Guardian

Posted August 8th, 2023 in asylum, health & safety, housing, news, ships by tracey

‘People seeking refuge who were ordered to live on a controversial giant barge have been reprieved after legal challenges claimed the vessel was unsafe and unsuitable for traumatised people.’

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The Guardian, 7th August 2023

Source: www.theguardian.com

Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

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Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

Fines to rise sharply for illegal housing or employment of asylum seekers in UK – The Guardian

‘People who allow asylum seekers to work for them or rent their properties in breach of the law will face significantly increased fines from next year, as ministers attempt to reduce “pull factors” for people making small boat crossings.’

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The Guardian. 7th August 2023

Source: www.theguardian.com

New free legal advice for people facing eviction or repossession – Ministry of Justice

‘A new government-backed scheme providing free legal advice to help 38,000 people a year at risk of losing their home launches today (1 August).’

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Ministry of Justice, 1st August 2023

Source: www.gov.uk

High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer

Posted August 3rd, 2023 in disabled persons, equality, housing, local government, news, repossession by sally

‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers

Posted August 2nd, 2023 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers

‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children – Garden Court Chambers

‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’

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Garden Court Chambers, 31st July 2023

Source: www.gardencourtchambers.co.uk

Intentional homelessness – what counts as accommodation? – Nearly Legal

Posted August 1st, 2023 in appeals, homelessness, housing, local government, news by sally

‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’

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Nearly Legal, 31st July 2023

Source: nearlylegal.co.uk