Local authority serving notices – requirements – Nearly Legal

‘Birmingham City Council v Bravington (2023) EWCA Civ 308. A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case.’

Full Story

Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Home Secretary considers new ‘sex for rent’ law – Home Office

Posted April 24th, 2023 in government departments, housing, landlord & tenant, news, sexual offences, women by tracey

‘A public call for evidence has been launched to establish the scale of “sex for rent” in the UK and ask if existing laws protect victims.’

Full Story

Home Office, 21st April 2023

Source: www.gov.uk

Former Grenfell resident fails in wide-ranging challenge to rehousing decisions – Local Government Lawyer

Posted April 18th, 2023 in fire, housing, judicial review, local government, news by sally

‘A former Grenfell resident has failed in a judicial review challenge against rehousing decisions made by the Royal Borough of Kensington and Chelsea in the years following the 2017 fire.’

Full Story

Local Government Lawyer, 17th April 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of planning permission – Local Government Lawyer

Posted April 17th, 2023 in enforcement notices, housing, local government, news, planning by tracey

‘Roderick Morton reports on a High Court ruling that highlights the importance of checking implementation carefully where a developer claims to have permission.’

Full Story

Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

Full Story

Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Council’s failures left disabled child in chronic pain for three years, watchdog finds – The Guardian

Posted April 13th, 2023 in children, disabled persons, fines, housing, local government, news, ombudsmen by sally

‘A severely disabled child missed out on vital NHS surgery and was left in chronic pain for more than three years because a council failed to move them out of unsuitable housing despite repeated pleas from health professionals, a watchdog has ruled.’

Full Story

The Guardian, 13th April 2023

Source: www.theguardian.com

London boroughs issue report on going beyond statutory and regulatory housing responsibilities, admitting there is “more they must do” – Local Government Lawyer

Posted April 13th, 2023 in housing, local government, London, news, reports, standards, statutory duty by sally

‘The London Housing Directors’ Group, with support from London Councils, has issued a report setting out best practice principles on how boroughs can go beyond their statutory and regulatory responsibilities to deliver the “highest possible housing standards”.’

Full Story

Local Government Lawyer, 12th April 2023

Source: www.localgovernmentlawyer.co.uk

Afghan children and their families abandoned in remote hotels following High Court ruling – Garden Court Chambers

‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’

Full Story

Garden Court Chambers, 24th March 2023

Source: www.gardencourtchambers.co.uk

High Court grants interim injunction over Home Office plan to house asylum seekers at disused airfield – Local Government Lawyer

‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’

Full Story

Local Government Lawyer, 11th April 2023

Source: www.localgovernmentlawyer.co.uk

Anonymisation of a young adult applicant for judicial review about section 20 – Transparency Project

‘There are two matters of interest in this unusual judgment by Mr Justice Mostyn in respect of a claim for judicial review brought by a teenager against a local authority, originally published on The National Archives as TT v Essex County Council [2023] EWHC 721 (Fam) but replaced as [2023] EWHC 826 (Admin).’

Full Story

Transparency Project, 10th April 2023

Source: transparencyproject.org.uk

More than 900 people affected by Grenfell Tower fire settle claims – The Guardian

Posted April 12th, 2023 in accidents, bereavement, compensation, damages, fire, health & safety, housing, inquiries, news by sally

‘More than 900 bereaved family members, survivors and local people who were affected by the devastating Grenfell Tower fire have agreed on a settlement of their civil claims arising from the blaze.’

Full Story

The Guardian, 11th April 2023

Source: www.theguardian.com

Asylum seeker barge plan would face legal challenge – BBC News

Posted April 4th, 2023 in asylum, hotels, housing, news, ships by sally

‘Ministers are facing the prospect of a legal challenge if they go ahead with plans to house asylum seekers on a barge off the Dorset coast.’

Full Story

BBC News, 4th April 2023

Source: www.bbc.co.uk

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

Full Story

Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Illegal eviction – attempted or accomplished? – Nearly Legal

Posted April 3rd, 2023 in appeals, housing, landlord & tenant, local government, news, repossession by sally

‘Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place).’

Full Story

Nearly Legal, 2nd April 2023

Source: nearlylegal.co.uk

Council prosecution sees landlords fined £434k for housing offences – Local Government Lawyer

‘Eight landlords – five individuals and three companies – have been fined £434,000 for offences under the Housing Act 2004, including the operation of 14 unlicensed houses in multiple occupation (HMO) and a catalogue of breaches relating to fire safety, tenant information and maintenance of the properties, following a prosecution brought by West Northamptonshire Council.’

Full Story

Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Council decision to extend conservation area to save department store building was unlawful, High Court rules – Local Government Lawyer

Posted April 3rd, 2023 in housing, local government, news, planning by sally

‘A High Court judge has found that Spelthorne Borough Council fell into a number of legal errors when extending a conservation area to include a former department store that developers were seeking to demolish.’

Full Story

Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Party Walls – no notice, no Act! – Tanfield Chambers

Posted March 31st, 2023 in appeals, chambers articles, compensation, costs, housing, news, party walls, surveyors by sally

‘Katie Gray discusses the Court of Appeal decision in Power & Kyson v Shah [2023] EWCA Civ 239 and the impact it has on the Party Wall Act 1996.’

Full Story

Tanfield Chambers, 24th March 2023

Source: www.tanfieldchambers.co.uk

Judges allow appeal from residents in out-of-borough accommodation disputes – Local Government Lawyer

Posted March 28th, 2023 in appeals, families, housing, local government, London, news by sally

‘Two residents have won cases in the Court of Appeal against decisions by London boroughs to move them to private rented accommodation outside the capital.’

Full Story

Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

Awaab Ishak: Rochdale housing group dismissed residents – report – BBC News

Posted March 28th, 2023 in children, complaints, health & safety, housing, inquests, news, ombudsmen, repairs by sally

‘A housing association criticised over the death of a toddler treated its residents in “dismissive, inappropriate or unsympathetic ways”, a report says.’

Full Story

BBC News, 28th March 2023

Source: www.bbc.co.uk

Time to respond to ‘minded to’ letters, and getting affordability right – Nearly Legal

Posted March 27th, 2023 in appeals, homelessness, housing, judicial review, local government, news by tracey

‘Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to ‘minded to’ letters, to affordability assessments and on the timing and role of skeleton arguments in s.204 appeals.

Tapper v Royal Borough of Kingston upon Thames (unreported, 4 January 2022, County Court at Central London, HHJ Parfitt)’

Full Story

Nearly Legal, 26th March 2023

Source: nearlylegal.co.uk