‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’
Local Government Lawyer, 25th July 2024
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Barnet has successfully prosecuted a tenant who illegally sublet her social housing property.’
Local Government Lawyer, 23rd July 2024
Source: www.localgovernmentlawyer.co.uk
In December, council officials ordered Kevin Jordan to leave his home, warning him it was at risk of falling into the sea at any moment.
The Guardian, 23rd July 2024
Source: www.theguardian.com
‘The inclusion of both the Hillsborough Law and Martyn’s Law in the King’s Speech is a big moment for people power.’
BBC News, 18th July 2024
Source: www.bbc.co.uk
‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’
Nearly Legal, 15th July 2024
Source: nearlylegal.co.uk
‘Joshua Swirsky discusses a case where Upper Tribunal Judge Smith once again had to consider the balance of convenience in an age assessment case when interim relief is sought.’
Local Government Lawyer, 12th July 2024
Source: www.localgovernmentlawyer.co.uk
‘A residents’ group has launched a judicial review challenge against Manchester City Council after its planning committee granted planning permission for a student block it had previously refused permission for on four occasions.’
Local Government Lawyer, 8th July 2024
Source: www.localgovernmentlawyer.co.uk
‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’
Nearly Legal, 7th July 2024
Source: nearlylegal.co.uk
‘Landlords have come under fire for banning prospective tenants from working from home, resulting in calls for new legislation to protect renters.’
The Independent, 7th July 2024
Source: www.independent.co.uk
‘An 89-year-old woman from the Windrush generation is facing homelessness because the Home Office says it cannot verify her identity.’
The Independent, 1st July 2024
Source: www.independent.co.uk
‘The Department for Levelling Up, Housing and Communities (DLUHC) has recently issued welcomed guidance on best value standards and interventions, following a consultation last summer, writes Olivia Carter.’
Local Government Lawyer, 26th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’
39 Essex Chambers, 10th June 2024
Source: www.39essex.com
‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’
Nearly Legal, 23rd June 2024
Source: nearlylegal.co.uk
‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’
Local Government Lawyer, 20th June 2024
Source: www.localgovernmentlawyer.co.uk
‘A Sudanese refugee has failed in a High Court case brought against the London Borough of Haringey over whether he should have been found accommodation and against the Home Office over how it gives notice of the cessation of their asylum support.’
Local Government Lawyer, 19th June 2024
Source: www.localgovernmentlawyer.co.uk
‘The High Court’s decision in DXK v Secretary of State for the Home Department [2024] EWHC 579 (Admin) is a welcome addition to the growing body of case law concerning the ambit and application of asylum support duties. The Court’s findings on academic claims, standing, systemic challenges, and the public sector equality duty (“PSED”) will be of wider practical application in other public law contexts.’
Landmark Chambers, 13th May 2024
Source: www.landmarkchambers.co.uk
‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders?’
Falcon Chambers, 13th May 2024
Source: www.falcon-chambers.com
‘It was only a few months ago that the Upper Tribunal handed down the decision in Kay v Cunningham [2023] UKUT 251 (LC). In that case (in which the writer appeared for the successful applicant) the Tribunal established a number of novel points in relation to modification and discharge of restrictive covenants under s.84 of the Law of Property Act 1925 (see the Brew on this here). On 8 May 2024, a differently constituted panel gave a decision in Medley v Mackenzie and others [2024] UKUT 112 (LC), which provides further guidance as to the Upper Tribunal’s approach to the discretion stage in s.84 applications.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
© Inner Temple Library 2024