Man who lost home to coastal erosion loses court case against UK government – The Guardian

‘An East Anglian man who lost his home to coastal erosion has lost his high court challenge against the government’s climate adaptation plans.’

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The Guardian, 25th October 2024

Source: www.theguardian.com

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

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Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

The importance of due diligence in choosing children’s residential placements – Local Government Lawyer

‘Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Unsuitable temporary accommodation and discrimination – Nearly Legal

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Mother fleeing domestic abuse placed in unsuitable mixed-sex accommodation by council, Ombudsman finds – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found that the London Borough of Tower Hamlets failed to consider the impact of placing a vulnerable family with a history of PTSD from domestic abuse in mixed-sex shared accommodation.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

High Court dismisses Judicial Review challenge to council housing allocation scheme – Local Government Lawyer

‘The High Court has dismissed a judicial review challenge to the London Borough of Enfield’s housing allocation scheme, after a claimant contended the scheme was unlawful both on a public law basis and that it breached the anti-discrimination provisions as set out in the ECHR and/or the Equality Act.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk

Section 21 and Gas Safety Certificates – what’s in a name? – Nearly Legal

Posted October 7th, 2024 in housing, landlord & tenant, news, repossession by michael

‘This might be an issue with a limited life span, if the Renters’ Rights Bill comes into force in the first half of next year, as seems possible, but for now the vexed issue of gas safety certificates and the validity of section 21 notices rumbles on. The issue in this case was whether the GSCs served by the landlord were valid under Regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998. There is also an address to the issue of whether a landlord needs to serve a GSC within 12 months of the previous inspection. Usual caveats apply – first instance County Court District Judge decision so not binding or precedent.’

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Nearly Legal, 6th October 2024

Source: nearlylegal.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

Council left family in B&B accommodation for a year more than maximum allowed period: Ombudsman – Local Government Lawyer

‘Birmingham City Council placed a family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments, the Local Government & Social Care Ombudsman (LGSCO) has found.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

Judge says taxpayers’ cash ‘wasted’ on housing row – BBC News

Posted October 2nd, 2024 in dispute resolution, housing, local government, news by sally

‘A stand-off between a council and a developer over a £12,000 bill could ultimately cost city taxpayers hundreds of thousands of pounds.’

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BBC News, 2nd October 2024

Source: www.bbc.co.uk

Property boss jailed over sale of ‘unsafe’ flats – BBC News

Posted October 2nd, 2024 in building law, disclosure, fire, fraud, health & safety, housing, imprisonment, news, sentencing by sally

‘A property developer who put “lives at risk” by falsifying building work documents and selling “unsafe” flats has been jailed.’

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BBC News, 2nd October 2024

Source: www.bbc.co.uk

The meaning of unfitness – Nearly Legal

Posted September 30th, 2024 in health & safety, housing, landlord & tenant, news, repairs by sally

‘This is a Circuit Judge (HHJ Melissa Clarke) judgment on, amongst other things, what amounts to unfitness for human habitation under sections 9A and 10 Landlord & Tenant Act 1985, and when the Court can make such a finding. As far as I know, it is the first judgment where this specific issue was argued, certainly at Circuit Judge level. I gather that permission to appeal was sought by Red Kite at the hearing, and refused, so there is the possibility of an appeal to the High Court.’

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Nearly Legal, 29th September 2024

Source: nearlylegal.co.uk

Care leavers under 25, domestic abuse survivors and veterans to be exempt from social housing “local connection” rules – Local Government Lawyer

‘Care leavers under 25, domestic abuse survivors and all UK Armed Forces veterans are to be exempt from rules which require a connection to a local area before accessing social housing, the Government has announced.’

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Local Government Lawyer, 26th September 2024

Source: www.localgovernmentlawyer.co.uk

Insolvency cover clarified – Peabody Trust v NHBC – Local Government Lawyer

‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

A very unfit home – Circuit Judge decision on unfitness and damages. – Nearly Legal

‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’

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Nearly Legal, 15th September 2024

Source: nearlylegal.co.uk

Rats, mould, damp: UK’s biggest student homes provider faces legal action over poor accommodation – The Guardian

Posted September 9th, 2024 in complaints, health, health & safety, housing, landlord & tenant, news, rent, universities by sally

‘A tenants’ rights group is fighting for justice for residents of university halls who claim health affected by conditions.’

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The Guardian, 7th September 2024

Source: www.theguardian.com