Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Category: housing
Owners of flats near Tate Modern take privacy case to supreme court – The Guardian
‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’
The Guardian, 6th December 2021
Source: www.theguardian.com
Grace period in a time of Covid – UK Human Rights Blog
‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’
UK Human Rights Blog, 30th November 2021
Source: ukhumanrightsblog.com
Court of Appeal on time of demands and legal costs in service charges – Nearly Legal
‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’
Nearly Legal, 30th November 2021
Source: nearlylegal.co.uk
Court of Appeal rejects appeal in homelessness case over level of inquiries made – Local Government Lawyer
‘The Court of Appeal has dismissed a claim that a London borough made insufficient inquiries into the reason why an appellant was homeless.’
Local Government Lawyer, 29th November 2021
Source: www.localgovernmentlawyer.co.uk
Man-shed miscalculated – Local Government Lawyer
‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’
Local Government Lawyer, 26th November 2021
Source: www.localgovernmentlawyer.co.uk
Consultation to enhance legal support for those facing eviction or repossession – gov.uk
‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’
gov.uk, 25th November 2021
Source: www.gov.uk
Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library
‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’
House of Commons Library , 25th November 2021
Source: commonslibrary.parliament.uk
Vagrancy: Government urged to decriminalise rough sleeping – BBC News
‘A group of peers are urging the government to repeal the Vagrancy Act which makes it a criminal offence to sleep rough or beg in England and Wales.’
BBC News, 25th November 2021
Source: www.bbc.co.uk
High Court judge rejects appeal by couple over listing of property as two self-contained units for purposes of council tax – Local Government Lawyer
‘A couple has lost a High Court appeal over a council tax valuation dispute with Oxford City Council.’
Local Government Lawyer, 25th November 2021
Source: www.localgovernmentlawyer.co.uk
London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer
‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’
Local Government Lawyer, 23rd November 2021
Source: www.localgovernmentlawyer.co.uk
Recitation is not application – Nearly Legal
‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’
Nearly Legal, 21st November 2021
Source: nearlylegal.co.uk
Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal
‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’
Nearly Legal, 16th November 2021
Source: nearlylegal.co.uk
Review or repetition? – Nearly Legal
‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’
Nearly Legal, 11th November 2021
Source: nearlylegal.co.uk
Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer
‘The “Overall Arrangements for Possession Proceedings” – published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian
‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’
The Guardian, 8th November 2021
Source: www.theguardian.com
There’s a cheque on the table – s.21 and return of deposit – Nearly Legal
‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’
Nearly Legal, 2nd November 2021
Source: nearlylegal.co.uk
Waiver and determining breach of lease – Nearly Legal
‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
Rent Repayment applications – time limits for substituting parties – Nearly Legal
‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer
‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’
Local Government Lawyer, 26th October 2021
Source: www.localgovernmentlawyer.co.uk
