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

Free legal advice aims to help thousands of people facing eviction each year – The Independent

Posted August 1st, 2023 in bills, homelessness, housing, legal advice, news, repossession, statistics by sally

‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’

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The Independent, 31st July 2023

Source: www.independent.co.uk

Council told to pay £6,000 after condition of property forced family to share one bedroom – Local Government Lawyer

Posted August 1st, 2023 in compensation, housing, local government, news, ombudsmen by sally

‘The Housing Ombudsman has called on Barking and Dagenham Council to pay £6,000 to a resident after leaving her and her family of six in damp and mould for more than two-and-a-half years, in which they were eventually all forced to share one bedroom.’

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Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by tracey

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

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Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk

Landlord L&Q told to pay out to tenants after finding of severe mismanagement – The Guardian

Posted July 27th, 2023 in compensation, housing, landlord & tenant, news, ombudsmen, repairs by sally

‘One of Britain’s biggest social landlords has been ordered to pay tenants more than £140,000 in compensation as a special investigation by the housing ombudsman revealed it was “dismissive” of tenants and found “severe maladministration” including in tackling disrepair and antisocial behaviour.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

New Acts – legislation.gov.uk

2023 c. 37 – Illegal Migration Act 2023

2023 c. 35 – Child Support (Enforcement) Act 2023

2023 c. 34 – Equipment Theft (Prevention) Act 2023

2023 c. 39 – Strikes (Minimum Service Levels) Act 2023

2023 c. 36 – Social Housing (Regulation) Act 2023

2023 c. 33 – Employment Relations (Flexible Working) Act 2023

Source: www.legislation.gov.uk

“Landmark” Social Housing Act receives Royal Assent – Local Government Lawyer

Posted July 26th, 2023 in enforcement, fines, housing, landlord & tenant, local government, news, repairs by sally

‘The Social Housing (Regulation) Act received Royal Assent last week (20 July) with the Department for Levelling Up, Housing and Communities (DLUHC) claiming that the legislation will “strengthen powers to tackle failing social landlords, and tenants living in unsafe homes will be better supported by the Regulator”.’

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Local Government Lawyer, 25th July 2023

Source: www.localgovernmentlawyer.co.uk

Unlawful eviction – section 27 residence and section 28 damages – Nearly Legal

Posted July 24th, 2023 in county courts, damages, estoppel, housing, news by tracey

‘Wilson v Wilson & Anor (2023) EW Misc 5 (CC). A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in relations between a family. The key issue being the residential status of the claimant where she was, admittedly, absent from the property. There was also a claim in proprietary estoppel.’

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Nearly Legal, 23rd July 2023

Source: nearlylegal.co.uk

Section 106s and all that – Local Government Lawyer

Posted July 24th, 2023 in housing, local government, news, planning by tracey

‘While the case law on s.106 issues should now be settled, two recent decisions, like London red buses, come along as useful additions to the planning practitioner’s e-library, writes John Pugh-Smith.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place – Nearly Legal

Posted July 19th, 2023 in county courts, housing, landlord & tenant, news, repossession by tracey

‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’

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Nearly Legal, 17th July 2023

Source: nearlylegal.co.uk