High Court judge remits Leeds site allocations plan to inspectors for reconsideration – Local Government Lawyer

Posted August 17th, 2020 in government departments, housing, local government, news, planning by sally

‘The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Where to now? End of eviction ban leaves tenants fearing for future – The Guardian

‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’

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The Guardian, 9th August 2020

Source: www.theguardian.com

Race to the bottom: reform to planning system in England could be catastrophic – The Guardian

Posted August 6th, 2020 in housing, news, planning by sally

‘“More good quality, attractive and affordable homes faster.” According to the housing secretary, Robert Jenrick, that is the main aim of his “complete overhaul” of the English planning system, announced on Thursday. Yet there is precious little evidence that any of the new measures could lead to higher quality, more attractive or more affordable homes. Instead, the proposals look set to deliver the exact opposite.’

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The Guardian, 6th August 2020

Source: www.theguardian.com

Landlords in England ignoring ‘no DSS’ ban, claim private renters – The Guardian

Posted August 3rd, 2020 in benefits, charities, housing, landlord & tenant, news by sally

‘Hundreds of private renters in England in receipt of benefits are still struggling to secure accommodation despite a landmark ruling saying that landlords are not allowed to discriminate against this group.’

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The Guardian, 2nd August 2020

Source: www.theguardian.com

Rees v Windsor- Clive Rees v Windsor-Clive (as Trustees of the St Fagan’s No 1 and No 2 Trusts) [2020] EWCA Civ 816 – Tanfield Chambers

‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’

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Tanfield Chambers, 17th July 2020

Source: www.tanfieldchambers.co.uk

The public/private divide in the Environmental Information Regulations 2004 – Monckton Chambers

‘In a judgment that will be of interest to a number of entities, particularly in the transport and utilities sectors, the Upper Tribunal in IC v Poplar Housing Association [2020] UKUT 182 (AAC) has provided a boost to this analysis, upholding a narrow definition of “public authority” under Regulation 2(2)(c) of the Environmental Information Regulations (“EIR”) that will exclude many organisations from the scope of the regime.’

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Monckton Chambers, 24th July 2020

Source: www.monckton.com

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

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UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Reactivation! – Nearly Legal

‘After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings.’

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Nearly Legal, 21st July 2020

Source: nearlylegal.co.uk

Law Commission unveils leasehold proposals – Law Society’s Gazette

Posted July 24th, 2020 in enfranchisement, housing, Law Commission, leases, news by sally

‘The Law Commission has unveiled a blueprint for the future of home ownership – including a commonhold regime described as “fit for purpose” nearly two decades after the concept was introduced.’

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Law Society's Gazette, 21st July 2020

Source: www.lawgazette.co.uk

Could This Emergency Law Prevent Thousands Becoming Homeless? – Each Other

Posted July 21st, 2020 in bills, coronavirus, housing, news, repossession by sally

‘Housing campaigners are urging the government to introduce emergency legislation to protect tens of thousands of private renters at risk of being made homeless.’

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Each Other, 20th July 2020

Source: eachother.org.uk

Mystery directions – Nearly Legal

‘In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020.’

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Nearly Legal, 18th July 2020

Source: nearlylegal.co.uk

Discrimination and ‘No DSS’ – Nearly Legal

‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’

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Nearly Legal, 14th July 2020

Source: nearlylegal.co.uk

‘No DSS’ letting bans ‘ruled unlawful’ by court – BBC News

‘A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory. The “momentous” court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.’

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BBC News, 14th July 2020

Source: www.bbc.co.uk

Getting late legal advice not a ground for set aside of possession order – Nearly Legal

Posted July 13th, 2020 in appeals, housing, landlord & tenant, legal representation, news, repossession by sally

‘This was Mr Sangha’s appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not repaid. The back story is somewhat complicated, involving commercial properties, loans and leases, but not relevant to the grounds of the decision, so anyone interested can read the judgment.’

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Nearly Legal, 12th July 2020

Source: nearlylegal.co.uk

Ombudsman criticises council for mother of 6 left in bed and breakfast accommodation – Local Government Lawyer

‘A recently housed Haringey mother that had been living in a bed and breakfast since February 2020 was failed by her local council because it did not do enough to prevent her from becoming homeless, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 10th July 2020

Source: www.localgovernmentlawyer.co.uk

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Court of Appeal upholds “unparalleled” Housing (Wales) Act 2014 eviction rules – Local Government Lawyer

Posted July 10th, 2020 in appeals, housing, landlord & tenant, licensing, news, notification, repossession, Wales by sally

‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 – Tanfield Chambers

‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’

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Tanfield Chambers, 30th July 2020

Source: www.tanfieldchambers.co.uk

Housing Ombudsman publishes new Complaint Handling Code – Local Government Lawyer

Posted July 9th, 2020 in codes of practice, complaints, housing, news, ombudsmen by sally

‘The Housing Ombudsman has published its new Complaint Handling Code in preparation for its assumption of greater powers at the end of the year.’

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Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk