Category: housing

Council pays rogue landlord £500,000 in housing benefit – The Guardian

Posted January 21st, 2019 in benefits, housing, local government, news by tracey

‘A repeatedly convicted landlord, ruled unfit to rent out property in a north London borough in 2015, has since received more than £500,000 in housing benefit payments from the same council that banned him. The discovery that a local authority is directly paying public money to a landlord its own officers describe as “rogue” is the latest example of the ineffective regulations designed to police the private rented sector’s worst offenders.’

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The Guardian, 20th January 2019

Source: www.theguardian.com

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

Fitness for Habitation – a thumbnail guide – Nearly Legal

Posted January 7th, 2019 in environmental health, housing, news by sally

‘As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018.’

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Nearly Legal, 21st December 2018

Source: nearlylegal.co.uk

New Acts – legislation.gov.uk

Posted December 21st, 2018 in animal cruelty, civil justice, health, housing, legislation, prisons, social services by tracey

2018 c. 34 – Homes (Fitness for Human Habitation) Act 2018

2018 c. 32 – Prisons (Interference with Wireless Telegraphy) Act 2018

2018 c. 31 – Health and Social Care (National Data Guardian) Act 2018

2018 c. 30 – Ivory Act 2018

2018 c. 29 – Civil Liability Act 2018

Source: www.legislation.gov.uk

Thea Osmund-Smith successful in High Court – No. 5 Chambers

Posted December 12th, 2018 in assets of community value, housing, local government, news, planning by sally

‘Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited [2018] EWHC 3065 (Admin).’

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No. 5 Chambers, 6th December 2018

Source: www.no5.com

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) – 4 New Square

Posted December 11th, 2018 in construction industry, contracts, housing, landlord & tenant, leases, news by sally

‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’

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4 New Square, 10th December 2018

Source: www.4newsquare.com

Law Commission seeks to jump-start commonhold demand – Law Society’s Gazette

Posted December 11th, 2018 in housing, landlord & tenant, Law Commission, leases, news by sally

‘The Law Commission is hoping to reinvigorate demand for an alternative form of property ownership that struggled to gain traction when it was introduced nearly two decades ago.’

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Law Society's Gazette, 10th December 2018

Source: www.lawgazette.co.uk

Parish fails in High Court challenge to permissions for 229 homes – Local Government Lawyer

Posted December 11th, 2018 in housing, local government, news, notification, planning by sally

‘East Bergholt Parish Council has failed in a High Court challenge to decisions by Babergh District Council to grant planning permissions for 229 new homes in the Suffolk village.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Legal aid advice network ‘decimated’ by funding cuts – BBC News

Posted December 11th, 2018 in budgets, housing, legal aid, legal representation, litigants in person, news, statistics by sally

‘Cuts to legal aid have created “deserts” of provision across England and Wales, a BBC investigation found.’

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BBC News, 10th December 2018

Source: www.bbc.co.uk

Exposing rogue landlords: ‘The deck feels stacked against tenants’ – The Guardian

Posted December 10th, 2018 in freedom of information, housing, landlord & tenant, local government, news, prosecutions by sally

‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’

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The Guardian, 8th December 2018

Source: www.theguardian.com

Cross-party calls for rogue landlords to lose properties – The Guardian

Posted November 30th, 2018 in confiscation, housing, landlord & tenant, news by sally

‘MPs have called on the government to confiscate properties from the country’s worst landlords after a series of revelations about tenants being exploited by rogue sections of the private rented housing sector.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by tracey

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

Posted November 27th, 2018 in confiscation, enforcement notices, housing, landlord & tenant, local government, London, news, planning by tracey

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

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Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

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Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Ministers unveil ‘housing court’ proposals to speed up disputes between landlords and tenants – The Independent

Posted November 14th, 2018 in consultations, courts, housing, landlord & tenant, news by sally

‘Ministers have unveiled plans for a specialist “housing court” to speed up the settlement of property disputes between landlords and tenants.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Council defeats High Court challenge over adoption of policies in Local Plan – Local Government Lawyer

Posted November 7th, 2018 in housing, local government, news, planning by sally

‘A Deputy High Court Judge has rejected a legal challenge to Waverley Borough Council’s adoption of certain policies in its Local Plan.’

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Local Government Lawyer, 6th November 2018

Source: www.localgovernmentlawyer.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Suitability and s.193 accommodation – Nearly Legal

Posted November 5th, 2018 in appeals, children, duty of care, housing, local government, news by sally

‘This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it became accommodation provided under s.193 HA 1996.’

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Nearly Legal, 4th November 2018

Source: nearlylegal.co.uk