Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

Full Story

Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

Full Story

Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

High Court to hear judicial review of Local Plan brought by parish council in attempt to block construction of 27 dwellings – Local Government Lawyer

Posted October 18th, 2022 in housing, judicial review, local government, news, planning by sally

‘The High Court will this week hear a judicial review brought by Norton St Philip Parish Council which argues that Mendip District Council’s decision to follow the recommendations of a planning inspector and approve a Local Plan was unlawful.’

Full Story

Local Government Lawyer, 17th October 2022

Source: www.localgovernmentlawyer.co.uk

No cause of action at common law for wrongful eviction – Nearly Legal

Posted October 17th, 2022 in company law, housing, insolvency, landlord & tenant, liquidators, news, repossession by sally

“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”

Full Story

Nearly Legal, 16th October 2022

Source: nearlylegal.co.uk

Council makes its first Interim Management Order to take over running of HMO following failings of landlord – Local Government Lawyer

‘Coventry City Council has made its first Interim Management order following what it described as a landlord’s “persistent failure” to licence a House in Multiple Occupation (HMO) in the area.’

Full Story

Local Government Lawyer, 11th October 2022

Source: www.localgovernmentlawyer.co.uk

Vegan who said tackling mouse infestation was ‘against ethical beliefs’ is fined – The Independent

Posted October 12th, 2022 in animals, environmental health, fines, housing, local government, news, veganism by tracey

‘A vegan who failed to deal with a mouse infestation at her mid-terrace home, claiming that taking action would go against her ethical beliefs, has been fined by a court.’

Full Story

The Independent, 12th October 2022

Source: www.independent.co.uk

Council houses perpetrator’s relative in same street as abuse victim – BBC News

‘A domestic abuse victim and her children were “forced to flee” their new home when the council moved the perpetrator’s relative into their road.’

Full Story

BBC news, 11th October 2022

Source: www.bbc.co.uk

Understanding the risk of discharge of duty – Nearly Legal

Posted October 11th, 2022 in appeals, housing, interpreters, local government, news by tracey

‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’

Full Story

Nearly Legal, 9th October 2022

Source: nearlylegal.co.uk

Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’

Full Story

The Guardian, 23rd September 2022

Source: www.theguardian.com

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

Full Story

Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Surge in ‘no-fault evictions’ prompts calls to renew UK-wide ban – The Guardian

‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’

Full Story

The Guardian, 22nd September 2022

Source: www.theguardian.com

Home Office Refused to House Mum of Two Who Was Denied Baby Food – Each Other

Posted September 22nd, 2022 in asylum, children, food, government departments, housing, human rights, judicial review, news by sally

‘The High Court has granted permission to proceed with a challenge to an undisclosed Home Office policy which states that asylum seekers can only be dispersed from temporary hotel accommodation on an “expedited” basis if there are “exceptional circumstances”.’

Full Story

Each Other, 22nd September 2022

Source: eachother.org.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

Full Story

Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by tracey

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

Full Story

Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer

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

‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’

Full Story

Local Government Lawyer, 13th September 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Regulation of estate agents – House of Commons Library

Posted September 12th, 2022 in consultations, consumer protection, estate agents, housing, news, parliament by tracey

‘This briefing paper provides an outline of the current regulation of estate agents. It also looks at past market studies and consultations and considers in detail recent government proposals to tighten regulation.’

Full Story

House of Commons Library , 5th September 2022

Source: commonslibrary.parliament.uk

Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

Full Story

Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

Regulator of Social Housing finds council in breach of Home Standard over failure to conduct health and safety assessments in thousands of homes – Local Government Lawyer

Posted September 5th, 2022 in health & safety, housing, local government, news by tracey

‘The Royal Borough of Greenwich has breached the Home Standard and, as a consequence, there was potential for serious detriment to tenants, the Regulator of Social Housing (RSH) has concluded.’

Full Story

Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

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

Posted September 5th, 2022 in housing, local government, 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 , 30th August 2022

Source: commonslibrary.parliament.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

Full Story

The Guardian, 5th September 2022

Source: www.theguardian.com