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

‘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.’

Full Story

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 sally

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

Full Story

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 sally

‘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.’

Full Story

The Guardian, 23rd October 2023

Source: www.theguardian.com

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

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

Full Story

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 sally

‘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.’

Full Story

BBC News, 16th October 2023

Source: www.bbc.co.uk

Suspended quashing orders and rolling judicial review as a means of monitoring compliance – Doughty Street Chambers

Posted October 19th, 2023 in asylum, chambers articles, children, housing, judicial review, local government, news by sally

‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’

Full Story

Doughty Street Chambers, 4th September 2023

Source: insights.doughtystreet.co.uk

Ban on no-fault evictions in England unlikely this year – The Guardian

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

Full Story

The Guardian, 17th October 2023

Source: www.theguardian.com

Ombudsman gains powers to issue “wider orders” under Social Housing Regulation Act – Local Government Lawyer

Posted October 17th, 2023 in complaints, housing, landlord & tenant, news, ombudsmen by sally

‘The Housing Ombudsman has gained new powers under the Social Housing Regulation Act, allowing it not only to address individual complaints from a landlord, but also extend “fairness and protection” to wider residents.’

Full Story

Local Government Lawyer, 16th October 2023

Source: www.localgovernmentlawyer.co.uk

Homelessness and evidence – Nearly Legal

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

Full Story

Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk

Charities ‘concerned’ over lack of progress with Renters Reform Bill – BBC News

Posted October 16th, 2023 in bills, charities, housing, landlord & tenant, news, repossession by sally

‘A group of 30 charities and non-profit organisations have urged the Prime Minister to pass a bill to ban “no-fault” evictions.’

Full Story

BBC News, 16th October 2023

Source: www.bbc.co.uk

Bibby Stockholm: Resident loses High Court fight over Portland migrant barge – BBC News

‘There will not be a judicial review into the Home Office’s use of a barge to house asylum seekers.’

Full Story

BBC News, 11th October 2023

Source: www.bbc.co.uk

Rent increase and creation of a new tenancy – Nearly Legal

‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’

Full Story

Nearly Legal, 8th October 2023

Source: nearlylegal.co.uk

Tribunal sheds light on applications for cladding remediation orders – Tanfield Chambers

Posted October 9th, 2023 in chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’

Full Story

Tanfield Chambers, 14th September 2023

Source: www.tanfieldchambers.co.uk

First Remediation Order under Building Safety Act – Mills & Reeve

‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’

Full Story

Mills & Reeve, 26th September 2023

Source: www.mills-reeve.com

Wealthy couple claim ‘devious little sod’ nephew stole their £4m home – The Independent

Posted September 25th, 2023 in families, housing, news by sally

‘A wealthy couple are locked in a court row with their “devious little sod” of a nephew over claims he “stole” their £4m house in a celebrity millionaires’ row.’

Full Story

The Independent, 24th September 2023

Source: www.independent.co.uk

Offers of accommodation and the public sector equality duty – Local Government Lawyer

Posted September 22nd, 2023 in appeals, benefits, equality, housing, local government, news by sally

‘Michael Mullin and Scarlet Taylor-Waller analyse an important Court of Appeal ruling in a case where a council offered accommodation in Walsall to an appellant who had lived all her life in London.’

Full Story

Local Government Lawyer, 21st September 2023

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal leasehold cases – Nearly Legal

Posted September 18th, 2023 in housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘Brief notes on some recent Upper Tribunal cases.’

Full Story

Nearly Legal, 17th September 2023

Source: nearlylegal.co.uk

Damp, mould and the HHSRS – Nearly Legal

Posted September 11th, 2023 in health & safety, housing, landlord & tenant, news by sally

‘Here is a quick note on two recent DLUHC/govt publications on damp and mould, and on proposed revisions to the housing health and safety rating system.’

Full Story

Nearly Legal, 10th September 2023

Source: nearlylegal.co.uk

Leeds: Child asylum seekers wrongly classed as adults – report – BBC News

Posted August 31st, 2023 in asylum, children, government departments, hotels, housing, local government, news, reports by sally

‘Thirty child asylum seekers were wrongly categorised as adults by the Home Office, according to a council report.’

Full Story

BBC News, 31st August 2023

Source: www.bbc.co.uk

Competition watchdog to investigate land banks, planning system and private rental sector – Local Government Lawyer

Posted August 30th, 2023 in competition, housing, inquiries, landlord & tenant, local government, news, planning by sally

‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’

Full Story

Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk