Domestic Abuse and Priority Need – Nearly Legal

Posted July 6th, 2021 in domestic violence, homelessness, housing, local government, news by sally

‘After assorted rumours, it was officially announced that section 78 Domestic Abuse Act 2021 came into force today, (Monday 5 July 2021), although the regulations bringing it into force weren’t actually published until about 4.30 pm.’

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Nearly Legal, 5th June 2021

Source: nearlylegal.co.uk

Housing Ombudsman reaches 350 decisions on complaints against landlords in first three months – Local Government Lawyer

Posted June 30th, 2021 in complaints, housing, landlord & tenant, local government, news, ombudsmen by sally

‘The Housing Ombudsman has published details of more than 350 individual decisions to its online casebook on complaints made against landlords since the database’s conception in March this year.’

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Local Government Lawyer, 30th June 2021

Source: www.localgovernmentlawyer.co.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by sally

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

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Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

A reasonable excuse defence to an RRO – ‘they told me they’d tell me’ – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, licensing, local government, news, rent by sally

‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’

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Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

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Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

Owner persuades High Court to quash general vesting declaration made by city council over empty property – Local Government Lawyer

‘The High Court has quashed a general vesting declaration (GVD) made by Birmingham City Council because of what Mr Justice Holgate called “the unusual circumstances of this case.”’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

Leasehold campaigners hail ‘landmark’ changes – BBC News

Posted June 23rd, 2021 in housing, leases, news, ombudsmen by sally

‘Two big players in the leasehold sector have agreed to change the way they operate, following an investigation by the competition watchdog.’

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BBC News, 23rd June 2021

Source: www.bbc.co.uk

High court ruling leaves refused asylum seekers at risk of homelessness – The Guardian

‘A high court judge has quashed a ruling that said refused asylum seekers who are destitute must be given accommodation during the pandemic until all Covid restrictions are lifted.’

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The Guardian, 22nd June 2021

Source: www.theguardian.com

Leasehold high-rise flats: who pays for fire safety work? – House of Commons Library

Posted June 21st, 2021 in building law, fire, health & safety, housing, landlord & tenant, news by sally

‘This briefing paper considers the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire.’

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House of Commons Library, 20th June 2021

Source: commonslibrary.parliament.uk

No preference is a reasonable preference – R (Mallon Montero) v London Borough of Lewisham – Local Government Lawyer

Posted June 18th, 2021 in housing, local government, news, statutory duty by sally

‘A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Delegating negotiation of s.106 agreements to officers – Local Government Lawyer

Posted June 14th, 2021 in appeals, housing, local government, news, planning by sally

‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

No defence, no reasonableness – service charges and referral to the Tribunal. – Nearly Legal

‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’

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Nearly Legal, 6th June 2021

Source: nearlylegal.co.uk

Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal

Posted June 11th, 2021 in housing, landlord & tenant, local government, news, rent by sally

‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’

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Nearly Legal, 9th June 2021

Source: nearlylegal.co.uk

Failure to remove claims and section 20 accommodation – Local Government Lawyer

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Napier Barracks: Housing migrants at barracks unlawful, court rules – BBC News

‘The Home Office’s decision to house cross-channel migrants in a “squalid” barracks in Folkestone was unlawful, the High Court has ruled.’

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BBC News, 3rd June 2021

Source: www.bbc.co.uk

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment – Local Government Lawyer

Posted June 3rd, 2021 in appeals, housing, local government, news, planning, ultra vires by sally

‘A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

Banning Order? Simples – Nearly Legal

“LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes. A banning order! One of – if we are being honest – far too few to date (even taking into account the time lag for relevant offences, prosecutions and applications). But one that can be heartily celebrated as thoroughly deserved, featuring as it does Simple Properties Management Ltd and its sole director, Miguel Cabeo Cespedes. We have come across SPM a few times in the past, as will become apparent, and sometimes it is a pleasure to see such acquaintances get their just deserts.”

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Nearly Legal, 26th May 2021

Source: nearlylegal.co.uk

Too soon for a reasonable preference – Nearly Legal

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

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Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

The Inferno of the private rental sector – Nearly Legal

Posted May 24th, 2021 in debts, housing, landlord & tenant, news, rent by sally

‘For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented sector, rent repayment order decisions are a good way to find displayed what Dante tells us are the three conditions of sin – incontinence, vice, and brute bestiality.’

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Nearly Legal, 23rd May 2021

Source: nearlylegal.co.uk