‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’
Local Government Lawyers, 30th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’
Nearly Legal, 28th March 2021
Source: nearlylegal.co.uk
‘A defendant who admitted fraud under the Right to Buy scheme has been ordered to pay back more than £90,000.’
Local Government Lawyer, 29th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Domestic abuse support groups have warned that women will be unsafe if unregulated refuges are allowed to continue offering accommodation. One organisation said “women could die” if the practice does not stop. They fear the government’s Domestic Abuse Bill could see private landlords offering rooms for vulnerable women fleeing violence.’
BBC News, 26th March 2021
Source: www.bbc.co.uk
‘The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).’
Local Government Lawyer, 24th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Councils in England are to be given more freedom on how they spend the money received from homes sold through Right to Buy, Housing Secretary Robert Jenrick has said.’
Local Government Lawyer, 22nd March 2021
Source: www.localgovernmentlawyer.co.uk
‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’
Nearly Legal, 21st March 2021
Source: nearlylegal.co.uk
‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’
Nearly Legal, 21st March 2021
Source: nearlylegal.co.uk
‘Building owners could face unlimited fines following new measures being brought in to strengthen fire safety, the Home Office has announced today.’
Home Office, 17th March 2021
Source: www.gov.uk
‘A group of former rough sleepers who were left destitute after the Department for Work and Pensions automatically deducted a third of their universal credit allowance to pay off court fines have won a high court victory.’
The Guardian, 18th March 2021
Source: www.theguardian.com
‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’
Nearly Legal, 15th March 2021
Source: nearlylegal.co.uk
‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’
Local Government Lawyer, 2nd March 2021
Source: www.localgovernmentlawyer.co.uk
‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’
The Guardian, 28th February 2021
Source: www.theguardian.com
‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’
Garden Court Chambers, 17th February 2021
Source: www.gardencourtchambers.co.uk
‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’
Garden Court Chambers, 17th February 2021
Source: www.gardencourtchambers.co.uk
‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’
Garden Court Chambers, 17th February 2021
Source: www.gardencourtchambers.co.uk
‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’
5SAH, 16th February 2021
Source: www.5sah.co.uk
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