Legal fight against homes between protected commons – BBC News
‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’
BBC News, 4th December 2024
Source: www.bbc.co.uk
Category: housing
Landlord behind 15-room unlicensed HMO sentenced – Local Government Lawyer
‘Runnymede Borough Council has successfully prosecuted a landlord who converted a three-bedroom bungalow into a 15-room unlicensed house of multiple occupation (HMO).’
Local Government Lawyer, 2nd December 2024
Source: www.localgovernmentlawyer.co.uk
Judge refuses permission for judicial review of age assessment, finding it was carried out in accordance with Welsh Government toolkit – Local Government Lawyer
‘The High Court has refused permission to challenge by way of judicial review an age assessment carried out by social workers employed by a Welsh council, which concluded that the claimant was an adult.’
Local Government Lawyer, 2nd December 2024
Source: www.localgovernmentlawyer.co.uk
Posthumous Right to Buy – Nearly Legal
‘Howe v Brent London Borough Council (2024) EWCA Civ 1444. Just a quick note on this Court of Appeal judgment on whether “a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is established, dies after B’s entitlement to share A’s right to buy has been claimed by A, but before the landlord has accepted B’s right or it has been established by the County Court.” ‘
Nearly Legal, 1st December 2024
Source: nearlylegal.co.uk
New deadlines set for fixing dangerous cladding – BBC News
‘Plans to speed up the removal of unsafe cladding, including target dates for making buildings safe and tougher penalties for refusing to act, have been announced by ministers.’
BBC News, 2nd December 2024
Source: www.bbc.co.uk
Legal aid fees to rise by 10% for immigration and housing after lawyer action – The Guardian
‘Ministers are to announce a 10% increase in legal aid fees for immigration and housing work after action by lawyers who warned that the failure to increase rates has led to a paralysis in the system.’
The Guardian, 29th November 2024
Source: www.theguardian.com
Lateness – excusable and otherwise – Nearly Legal
‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’
Nearly Legal, 24th November 2024
Source: nearlylegal.co.uk
More ‘dither and delay’? Government issues timetable for leasehold reform – Law Society’s Gazette
‘The government has finally delivered a timetable for reforming the “feudal” leasehold system in England and Wales, but some campaigners have again accused Labour of procrastination.’
Law Society's Gazette, 22nd November 2024
Source: www.lawgazette.co.uk
“It must have consequences” – Nearly Legal
‘There can be little doubt that the High Court decision in Coastal Housing Group v Mitchell and Ors will have wide repercussions in Wales.’
Nearly Legal, 18th November 2024
Source: nearlylegal.co.uk
High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets – Local Government Lawyer
‘An application for judicial review of Gwynedd Council’s implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.’
Local Government Lawyer, 18th November 2024
Source: www.localgovernmentlawyer.co.uk
The Building Safety Act: Update October 2024 – Falcon Chambers
‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’
Falcon Chambers, 28th October 2024
Source: www.falcon-chambers.com
Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022 – Falcon Chambers
‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’
Falcon Chambers, 14th October 2024
Source: www.falcon-chambers.com
Much ado about timescales – planning challenges – Local Government Lawyer
‘A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.’
Local Government Lawyer, 9th November 2024
Source: www.localgovernmentlawyer.co.uk
Hopeless but not the same? – Local Government Lawyer
‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’
Local Government Lawyer, 8th November 2024
Source: www.localgovernmentlawyer.co.uk
Housing case law: September & October 2024 – Local Government Lawyer
‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 5th November 2024
Source: www.localgovernmentlawyer.co.uk
HMO licensing appeals: to re-hear, or not to re-hear? – Local Government Lawyer
‘Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
Improvement or remediation, or both? – Local Government Lawyer
‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession – Local Government Lawyer
‘Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
Watchdog says cladding removal deadline may be missed – BBC News
‘The government could miss its own cladding removal completion date if progress is not made to speed up the process, the UK’s spending watchdog has said. In a new report, external, the National Audit Office (NAO) said up to 60% of buildings with dangerous cladding had still not been identified by the government, and at its current rate of progress it was due to miss its own estimated completion date of 2035 for the works.’
BBC News, 4th November 2024
Source: www.bbc.co.uk
What’s another day? – Nearly Legal
‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’
Nearly Legal, 27th October 2024
Source: nearlylegal.co.uk
