Proposals for changes to Housing Possession Court Duty Scheme “do not address fundamental issues of sustainability”: Law Society – Local Government Lawyer

Posted January 8th, 2020 in consultations, fees, housing, Ministry of Justice, news, repossession by sally

‘A Ministry of Justice consultation on proposed changes to the Housing Possession Court Duty Scheme (HPCDS) fails to address the fundamental issues of sustainability, the Law Society has claimed.’

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Local Government Lawyer, 7th January 2020

Source: www.localgovernmentlawyer.co.uk

Council rapped over treatment of pregnant woman who was made homeless – Local Government Lawyer

Posted January 8th, 2020 in duty of care, homelessness, housing, local government, news, ombudsmen, pregnancy by sally

‘The London Borough of Tower Hamlets has agreed to consider service resources and “the changes it needs to make to work in line with the law” after a Local Government and Social Ombudsman investigation into how a pregnant woman, who approached the council for help when she was made homeless, was left in an unfurnished flat, miles from her support network.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

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Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Housing benefits, human rights and possession claims – Local Government Lawyer

Posted December 17th, 2019 in benefits, housing, landlord & tenant, news, repossession, Supreme Court by sally

‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’

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Local Government Lawyer, 17th December 2019

Source: www.localgovernmentlawyer.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils and housing associations “face multi-million pound refunds to tenants after water re-selling test case in High Court – Local Government Lawyer

‘Local authorities and housing associations could face having to refund millions of pounds to tenants after a council lost a test case in the High Court on water re-selling, it has been claimed.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI – Local Government Lawyer

‘Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.’

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Local Government Lawyer, 29th November 2019

Source: www.localgovernmentlawyer.co.uk

Homelessness and Offending Rates – An Inextricable Link – Pump Court Chambers

Posted November 28th, 2019 in homelessness, housing, imprisonment, local government, news, probation by sally

‘The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends part VII of the Housing Act 1996 and is arguably the biggest change in homelessness legislation since the Housing
(Homelessness Persons) Act 1977.’

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Pump Court Chambers, 12th November 2019

Source: www.pumpcourtchambers.com

Suitability when? Review and decision dates – Nearly Legal

Posted November 27th, 2019 in appeals, families, homelessness, housing, local government, news by sally

‘The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review.’

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Nearly Legal, 26th November 2019

Source: nearlylegal.co.uk

Camden Council obtains first rogue landlord banning order in London – Local Government Lawyer

‘Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.’

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Local Government Lawyer, 26th November 2019

Source: www.localgovernmentlawyer.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Tribunals and human rights – Nearly Legal

‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’

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Nearly Legal, 15th November 2019

Source: nearlylegal.co.uk

Solicitor and ex-councillor jailed for housing fraud – Legal Futures

Posted November 18th, 2019 in disclosure, fraud, housing, local government, news, sentencing, solicitors by sally

‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Spent convictions, underlying conduct and the ‘fit and proper person’ test – Local Government Lawyer

Posted November 14th, 2019 in criminal records, housing, licensing, news by sally

‘James Findlay QC and Riccardo Calzavara report on an Upper Tribunal ruling on spent convictions and the “fit and proper person” test for holding a property licence under the Housing Act 2004.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

UK government loses supreme court fight over bedroom tax – The Guardian

Posted November 14th, 2019 in benefits, disabled persons, housing, human rights, news, Supreme Court by sally

‘The supreme court has ruled against the UK government’s attempts to force the bedroom tax on 155 partners of people with severe disabilities, in a decision that will hamper ministerial attempts to water down human rights legislation.’

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The Guardian, 13th November 2019

Source: www.theguardian.com

The future for me is already a thing of the past – Nearly Legal

Posted November 13th, 2019 in appeals, costs, housing, landlord & tenant, news, repairs, third parties by sally

‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’

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Nearly Legal, 12th November 2019

Source: nearlylegal.co.uk

“Bedroom tax” unlawful -Strasbourg Court – UK Human Rights Blog

Posted November 12th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination, women by sally

‘Much may have changed in the political world since the Coalition Government introduced its controversial ‘bedroom tax’, but the legal fall-out from the policy continues. The European Court of Human Rights has delivered its verdict on the compatibility of the scheme with the prohibition on discrimination set out in Article 14 of the European Convention on Human Rights. The Strasbourg Court has found that the policy discriminated unlawfully against women at risk of domestic violence.’

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UK Human Rights Blog, 12th November 2019

Source: ukhumanrightsblog.com