Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

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Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Housing association obtains £81,000 judgment against ex-tenant for unlawful subletting – Local Government Lawyer

Posted February 11th, 2021 in housing, landlord & tenant, news, repossession by sally

‘The tenancy enforcement team at social landlord Hyde has secured an £81,000 money judgment against a former tenant for unlawful subletting.’

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Local Government Lawyer, 10th February 2021

Source: www.localgovernmentlawyer.co.uk

Simple passing of time and unlawful occupation of accommodation could not amount to new fact for the purposes of new homelessness application, judge finds – Local Government Lawyer

Posted February 10th, 2021 in homelessness, housing, local government, news by sally

‘A Deputy High Court judge has dismissed a legal challenge to a council’s decision to refuse to accept a fresh homelessness application from the claimant following an alleged change in his circumstances.’

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Local Government Lawyer, 9th February 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer

‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’

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Local Government Lawyer, 4th February 2021

Source: www.localgovernmentlawyer.co.uk

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Council secures possession order evicting environmental protesters at development site – Local Government Lawyer

‘A High Court judge has granted the London Borough of Islington a possession order for a development site where protesters are occupying a copse scheduled for destruction.’

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Local Government Lawyer, 2nd February 2021

Source: www.localgovernmentlawyer.co.uk

High Court finds ‘huge delay’ in the Home Office provision of asylum support accommodation – EIN Blog

‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’

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EIN Blog, 1st February 2021

Source: www.ein.org.uk

Public open spaces and development – Local Government Lawyer

Posted February 1st, 2021 in appeals, housing, local government, news, parks, planning by sally

‘The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.’

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Local Government Lawyer, 29th January 2021

Source: www.localgovernmentlawyer.co.uk

Home Office put refugees in barracks after fears better housing would ‘undermine confidence’ in system – The Independent

‘The Home Office placed hundreds of asylum seekers in controversial military barracks following fears that better accommodation would “undermine confidence” in the system, internal documents reveal.’

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The Independent, 31st January 2021

Source: www.independent.co.uk

Slavery survivors moved ‘without notice, without reason’ in London lockdown – The Guardian

‘Modern slavery survivors with young children were among refugees allegedly forced to move accommodation in London with as little as one day’s notice during coronavirus lockdowns this winter.’

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The Guardian, 29th January 2021

Source: www.theguardian.com

UK plan to build 24,000 homes faces legal challenge – The Guardian

‘A plan to build more than 20,000 homes in rural Oxfordshire, championed by secretary of state for housing Robert Jenrick, is facing a legal challenge from residents who say it is incompatible with the government’s legally binding commitments to tackle the climate emergency.’

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The Guardian, 28th January 2021

Source: www.theguardian.com

Is it a single dwelling? Determination of breach not required where shop converted to multiple flats in breach of lease – Hardwicke Chambers

‘David Peachey was recently successful in Zash Properties Limited v Landau Medical Consultancy Limited (County Court, HHJ Johns QC), which dealt with the conversion of a shop into two studio flats in breach of lease. The case raises interesting points about whether a determination of breach is required prior to the service of s.146 notices in respect of headleases of multiple dwellings, and whether it is reasonable for a landlord to refuse consent for change of use from commercial to residential use because of the statutory rights applicable to residential long leases.’

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Hardwicke Chambers, 18th January 2021

Source: hardwicke.co.uk

Housing allocation and Catch-22 – Law Society’s Gazette

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

High Court declines to strike out ordinary claim based on the construction of TCPA 1990, s 106 agreement (Aspire Luxury Homes (Eversley) Ltd v Hart District Council) – No. 5 Chambers

Posted January 22nd, 2021 in abuse of process, appeals, chambers articles, housing, news, planning, striking out by sally

‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’

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No. 5 Chambers, 22nd January 2021

Source: www.no5.com

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

New watchdog will be able to ban dangerous materials used at Grenfell Tower – The Guardian

‘Companies that make dangerous building materials such as those used at Grenfell Tower could be prosecuted and their products banned by a new watchdog announced by the government.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in appeals, housing, local government, news, penalties, tribunals by sally

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

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Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk