Category: housing

R(ZLL) v SSHCLG: Everyone In a “call to action” not a policy – Nearly Legal

Posted January 28th, 2022 in charities, government departments, homelessness, housing, judicial review, local government, news, statutory duty by tracey

‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’

Full Story

Nearly Legal, 24th January 2022

Source: nearlylegal.co.uk

Company landlords and signing notices – Nearly Legal

Posted January 28th, 2022 in appeals, company law, housing, landlord & tenant, news, notification, statutory interpretation by tracey

‘Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40. This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held that while signing a section 8 notice did not have to comply with the requirements of section 44 Companies Act, the signing of the prescribed information certificate did, so that it could not be signed by a sole director.’

Full Story

Nearly Legal, 26th January 2022

Source: nearlylegal.co.uk

Listing assets of community value – Local Government Lawyer

Posted January 28th, 2022 in assets of community value, housing, local government, news, planning by tracey

‘The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment’

Full Story

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Asset of Community Value – Local Government Law

Posted January 26th, 2022 in assets of community value, housing, local government, news, planning by sally

‘In R (TV Harrison CIC) v Leeds City Council (2022) EWHC 130 (Admin) the claimant community interest company challenged the decision of the City Council to refuse to include the claimant’s Land in the list of Land in its area that is of community value that is maintained under Section 87(1) of the Localism Act 2011. The Land is described as a longstanding sports field and has recently been restored. However, the City Council seeks to proceed with a housing development. “Land of community value” is defined by Section 88 of the Act. Section 88(1)(b) is concerned with future use.’

Full Story

Local Government Law, 25th January 2022

Source: local-government-law.11kbw.com

RROs, company directors and reasonable excuses – Nearly Legal

Posted January 24th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A couple of Upper Tribunal appeal decisions on rent repayment order cases.’

Full Story

Nearly Legal, 23rd January 2022

Source: nearlylegal.co.uk

Planning enforcement orders and mixed use – Local Government Lawyer

Posted January 24th, 2022 in enforcement, housing, local government, news, planning by tracey

‘The High Court has handed down judgment in a “significant” planning case considering the scope of a planning enforcement order where there is a mixed use, writes Leon Glenister.’

Full Story

Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer

Posted January 20th, 2022 in coronavirus, government departments, homelessness, housing, judicial review, news by tracey

‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’

Full Story

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by tracey

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

Full Story

Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: New-build housing: construction defects – issues and solutions (England) – House of Commons Library

Posted January 18th, 2022 in building law, construction industry, consumer protection, housing, news by tracey

‘New-build housing: construction defects – issues and solutions (England).’

Full Story

House of Commons Library, 17th January 2022

Source: commonslibrary.parliament.uk

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

Full Story

Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

Posted January 17th, 2022 in disability discrimination, disabled persons, equality, harassment, housing, injunctions, mental health, news, nuisance by tracey

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

Full Story

Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

‘I’m so afraid’: Child refugees forced to share rooms with adults after being wrongly deemed over 18 – The Independent

Posted January 17th, 2022 in asylum, charities, children, detention, government departments, housing, immigration, mental health, news, refugees by tracey

‘Child refugees are being forced to share rooms and even beds with adults they do not know as increasing numbers are incorrectly placed in accommodation meant for over-18s by the government, The Independent can reveal.’

Full Story

The Independent, 16th January 2022

Source: www.independent.co.uk

New Things – Nearly Legal

Posted January 13th, 2022 in housing, landlord & tenant, news, Wales by tracey

‘There were a few announcements today and a Supreme Court decision.’

Full Story

Nearly Legal, 12th January 2022

Source: nearlylegal.co.uk

Ombudsman finds London borough guilty of severe maladministration in handling of complaint about leak – Local Government Lawyer

Posted January 12th, 2022 in compensation, delay, housing, landlord & tenant, local government, news, ombudsmen, repairs by tracey

‘A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

Posted January 12th, 2022 in confiscation, enforcement notices, fines, houses in multiple occupation, housing, landlord & tenant, local government, news, planning, proceeds of crime by tracey

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary

Posted January 12th, 2022 in housing, landlord & tenant, news, tribunals by tracey

‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’

Full Story

Courts and Tribunals Judiciary , 11th January 2022

Source: www.judiciary.uk

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds – Local Government Lawyer

Posted January 7th, 2022 in children, disability discrimination, disabled persons, equality, families, housing, local government, London, news, ombudsmen by tracey

‘A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority’s social housing allocation policy disadvantaged the family.’

Full Story

Local Government Lawyer, 6th January 2022

Source: www.localgovernmentlawyer.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

Full Story

Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

Full Story

Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Homeowner who poisoned protected tree that overlooked his house ordered to pay £80,000 – The Independent

Posted December 17th, 2021 in criminal damage, fines, housing, news, planning, trees by michael

‘A homeowner has been ordered to pay £80,000 for using a deadly herbicide to poison a protected tree that was overlooking his home.’

Full Story

The Independent, 17th December 2021

Source: www.independent.co.uk