‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’
Local Government Lawyer, 26th May 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’
Nearly Legal, 19th May 2022
Source: nearlylegal.co.uk
‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’
Local Government Lawyer, 17th May 2022
Source: www.localgovernmentlawyer.co.uk
‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’
Nearly Legal, 15th May 2022
Source: nearlylegal.co.uk
‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’
Nearly Legal, 4th May 2022
Source: nearlylegal.co.uk
‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’
Local Government Lawyer, 4th May 2022
Source: www.localgovernmentlawyer.co.uk
‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’
The Guardian, 2nd May 2022
Source: www.theguardian.com
‘More than 200,000 private renters in England have been served eviction notices without doing anything wrong in the three years since the government first promised to ban the practice, housing campaigners have claimed.’
The Guardian, 26th April 2022
Source: www.theguardian.com
‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’
The Independent, 13th April 2022
Source: www.independent.co.uk
‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’
No. 5 Chambers, 4th April 2022
Source: www.no5.com
‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’
UKSC Blog, 4th April 2022
Source: ukscblog.com
‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’
UKSC Blog, 5th April 2022
Source: ukscblog.com
‘An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has the protected characteristics of disability and gender reassignment.’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
‘The Court of Appeal has dismissed an appeal over the sufficiency of inquiries made by a borough council to determine the suitability of accommodation offered to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment.’
Local Government Lawyer, 4th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’
Nearly Legal, 3rd April 2022
Source: nearlylegal.co.uk
‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’
Nearly Legal, 27th March 2022
Source: nearlylegal.co.uk
‘A culture clash between a regulated and largely unregulated sector creates challenges for the social housing sector’s engagement with managing agents, according to new research from the Housing Ombudsman.’
Local Government Lawyer, 23rd March 2022
Source: www.localgovernmentlawyer.co.uk
‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’
Local Government Lawyer, 21st March 2022
Source: www.localgovernmentlawyer.co.uk
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