The CIL appeal in Braithwaite – Local Government Lawyer

Posted January 20th, 2023 in appeals, housing, local government, news, notification, planning by tracey

‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’

Full Story

Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

Full Story

Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Government to review damp and mould guidance following death of Awaab Ishak – Local Government Lawyer

Posted January 17th, 2023 in children, coroners, health & safety, housing, inquests, news, reports by sally

‘The Government has announced plans to review guidance to landlords on damp and mould, after a coroner asked the government to take action to prevent future deaths.’

Full Story

Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Rogue landlord fined £12,000 for exploiting Bristol tenants – BBC News

Posted January 13th, 2023 in consumer protection, deposits, fines, housing, landlord & tenant, news by tracey

‘A rogue landlord who created fake identities and letting agents to keep deposit money in an “elaborate web of misinformation” has been fined.’

Full Story

BBC News, 13th January 2023

Source: www.bbc.co.uk

Insurance premiums and commissions – Nearly Legal

Posted January 9th, 2023 in housing, insurance, leases, news by tracey

‘Canary RIverside Estate LON/00BG/LSC/2019/0277 (copy decision here via Leasehold Knowledge Partnership). This was the FTT’s decision on an application by the residential leaseholders of the Canary Riverside Estate challenging the insurance premiums they had had to pay over the 10 years since 2010/11.’

Full Story

Nearly Legal, 8th January 2023

Source: nearlylegal.co.uk

Judge quashes decision letter over discriminatory impact of housing allocations policy on domestic abuse survivor – Local Government Lawyer

Posted January 6th, 2023 in domestic violence, equality, housing, judicial review, local government, news by tracey

“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”

Full Story

Local Government Lawyer, 5th January 2023

Source: www.localgovernmentlawyer.co.uk

Accommodating asylum seekers: legal issues arising from the use of hotel accommodation – Local Government Lawyer

‘The Home Office’s policy of placing asylum seekers in hotels and hostels has given rise to a number of legal issues for local authorities. Dean Underwood and Jack Barber detail the areas of concern.’

Full Story

Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman’s decisions and housing conditions claims – Nearly Legal

Posted December 15th, 2022 in complaints, damages, health & safety, housing, news, ombudsmen, repairs by tracey

‘Plunkett v Clarion HA. County Court at Central London. Ms Plunkett was an assured tenant of Clarion, on the Eastfields Estate. She began a claim for disrepair and unfitness for human habitation while in temporary accommodation in a hotel. The defects complained of were primarily leaks to the interior of the flat and outside the front door causing interior damp, significant mould growth, leaks from above, non-functioning ventilation to kitchen and bathroom, and infestation of mice, for periods of two to four years. The existing issues and unfitness for human habitation were confirmed in an independent expert report. Clarion had refused to agree a single joint expert.’

Full Story

Nearly Legal, 13th December 2022

Source: nearlylegal.co.uk

Awaab Ishak: Widespread failings at mould death housing group – BBC News

Posted December 15th, 2022 in children, complaints, health & safety, housing, news by tracey

‘A government regulator has found “widespread failings” at the housing association that rented out a mouldy flat to the family of Awaab Ishak.’

Full Story

BBC News, 15th December 2022

Source: www.bbc.co.uk

Research Briefing: Mobile (park) homes – House of Commons Library

Posted December 2nd, 2022 in government departments, housing, news, parliament by tracey

‘This paper provides an overview of the rights of residents who live year-round on mobile (park) home sites and proposals to improve protections for residents in England.’

Full Story

House of Commons Library , 1st December 2022

Source: commonslibrary.parliament.uk

Awaab Ishak’s death shed light on a social housing scandal. Now we have a brief chance to fix it – The Guardian

‘A two-year-old died after exposure to mould in his house in Rochdale. We must ensure no other family suffers like this.’

Full Story

The Guardian, 23rd November 2022

Source: www.theguardian.com

Awaab Ishak: The Right To An Adequate Standard Of Living Should Prevent Such Deaths – Each Other

‘Awaab Ishak, a two-year-old boy from Rochdale, Greater Manchester, died in 2020 from a severe respiratory condition caused by prolonged exposure to mould in his home, an inquest has heard. The right to an adequate standard of living – which includes decent housing conditions – ought to protect people in the UK from living in a home which causes them harm.’

Full Story

Each Other, 21st November 2022

Source: eachother.org.uk

Assessment of housing needs and cascading unlawfulness – Nearly Legal

‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’

Full Story

Nearly Legal, 20th November 2022

Source: nearlylegal.co.uk

Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer

Posted November 21st, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’

Full Story

Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Racial inequality hard-wired into housing system in England, study finds – The Guardian

‘One in three black people who have experienced homelessness have also faced racial discrimination from a landlord, six times more than the general population of those who had struggled for shelter, a study reveals.’

Full Story

The Guardian, 21st November 2022

Source: www.theguardian.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

Full Story

Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by tracey

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

Full Story

House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

Housing case law update – October 2022 – Local Government Lawyer

Posted November 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘Natalie Hurst and Paul Lloyd analyse recent housing law judgments of interest to local authorities and housing associations.’

Full Story

Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Thousands of asylum seekers ‘in limbo’ waiting years for Home Office decision – The Independent

Posted November 14th, 2022 in asylum, delay, government departments, housing, immigration, news, refugees, statistics by tracey

‘Tens of thousands of migrants are waiting more than a year for a decision on their asylum claim, with hundreds waiting over five years, figures show.’

Full Story

The Independent, 14th November 2022

Source: www.independent.co.uk

Army families suing MoD for poor housing told to drop claims or have pay docked – The Guardian

‘Army families suing the Ministry of Defence over the squalor of their living quarters are being issued with “bullying” ultimatums to drop the claims or face having their pay docked to cover the legal costs.’

Full Story

The Guardian, 13th November 2022

Source: www.theguardian.com