Waking watch costs and failing to do Fire Risk Assessments – Nearly Legal

Posted August 30th, 2023 in fire, health & safety, housing, landlord & tenant, news, service charges by sally

‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’

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Nearly Legal, 29th August 2023

Source: nearlylegal.co.uk

Mental health and security of occupation – Nearly Legal

Posted August 29th, 2023 in housing, judicial review, local government, mental health, news by sally

‘This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing register, rather than Band B.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Court of Appeal finds council had “due regard” to s149 Equality Act when offering accommodation in Walsall to single mother who had lived in London all her life – Local Government Lawyer

Posted August 25th, 2023 in appeals, children, equality, families, homelessness, housing, local government, London, news by sally

‘The Court of Appeal has dismissed a single mother’s appeal against a decision of a reviewing officer of the London Borough of Waltham Forest, finding that the accommodation offered to her was “reasonable and suitable”.’

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Local Government Lawyer, 24th August 2023

Source: www.localgovernmentlawyer.co.uk

What Is Being Done To Find Unaccompanied Missing Children? – Each Other

Posted August 24th, 2023 in asylum, children, government departments, housing, local government, news by sally

‘In total, more than 400 unaccompanied children have gone missing under while under the care of the Home Office. The government has faced growing concerns from both peers and charities regarding the safety of these children; but what is being done to find them?’

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Each Other, 24th August 2023

Source: eachother.org.uk

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 sally

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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