‘Sentences for gross negligence manslaughter, which is being considered by investigators looking into the Grenfell Tower fire, could be increased under new advice given to judges.’
The Independent, 31st July 2018
Source: www.independent.co.uk
‘A London borough has successfully defended a High Court challenge to the prioritisation under its housing allocation scheme of those people who have been resident in the borough for 10 years.’
Local Government Lawyer, 27th July 2018
Source: www.localgovernmentlawyer.co.uk
‘Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy where:
11.—
(1) The right to buy does not arise if the dwelling-house—
(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and
(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).’
Nearly Legal, 25th July 2018
Source: nearlylegal.co.uk
‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’
Local Government Lawyer, 19th July 2018
Source: www.localgovernmentlawyer.co.uk
‘Radical new proposals to provide a fairer deal for leasehold homeowners have been announced by the Law Commission. Following hot on the heels of plans by the Government to ban the sale of houses on a leasehold basis, the independent legal body is outlining a range of measures to help existing leasehold homeowners buy the freehold of their houses.’
Law Commission, 19th July 2018
Source: www.lawcom.gov.uk/
‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 16th July 2018
Source: www.localgovernmentlawyer.co.uk
‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’
Nearly Legal, 15th July 2018
Source: nearlylegal.co.uk
‘Doka v Southwark concerned what could amount to ‘settled accommodation’ for homelessness matters, and specifically for ‘breaking the chain’ of intentional homelessness.’
Nearly Legal, 11th July 2018
Source: nearlylegal.co.uk
‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’
Nearly Legal, 3rd July 2018
Source: nearlylegal.co.uk
‘The government’s legal aid reforms suffered a new blow today when a High Court judge quashed controversial changes in the way it procures duty contracts for housing. The court was ruling on a judicial review brought by the Law Centres Network (LCN), heard over two days last month.’
Law Society's Gazette, 22nd June 2018
Source: www.lawgazette.co.uk
‘A High Court judge has quashed changes introduced by the Ministry of Justice to the Housing Possession Court Duty Scheme (HPCDS), it has been reported.’
Local Government Lawyer, 22nd June 2018
Source: www.localgovernmentlawyer.co.uk
‘A family who have seen the value of their London flat slashed from £600,000 to just £90,000 because of Grenfell-style cladding could sue a government agency that helped them buy their home.’
The Guardian, 18th June 2018
Source: www.theguardian.com
‘Muloko v Newham LBC, County Court at Central London 6 April 2018. This is from a note of the judgment in June 2018 Legal Action – Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has some considerable importance, at least in London, for decisions on what to do about late s.202 reviews.’
Nearly Legal, 13th June 2018
Source: nearlylegal.co.uk
‘A judge has dismissed a claim brought by a woman trafficked into prostitution that a council was responsible for harassment that occurred when she was housed.’
Local Government Lawyer, 14th June 2018
Source: www.localgovernmentlawyer.co.uk
‘The Local Government & Social Care Ombudsman (LGO) has criticised a London borough after an investigation found that a mother and her five children were accommodated in a damp and mouldy single bedroom.’
Local Government Lawyer, 8th June 2018
Source: www.localgovernmentlawyer.co.uk
‘A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.’
Local Government Lawyer, 31st May 2018
Source: www.localgovernmentlawyer.co.uk
‘The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new range of civil penalties, possible offences and restrictions on service of a section 21 forthcoming.’
Nearly Legal, 28th May 2018
Source: nearlylegal.co.uk
‘Is there any hope that the Grenfell Inquiry will finally gain legitimacy? As with the successful McPherson Inquiry following the Stephen Lawrence murder, recognition of diversity and inclusivity are essential.’
UK Human Rights Blog, 23rd May 2018
Source: ukhumanrightsblog.com
‘The Court of Appeal on an instance of tenancy management going bad, very bad indeed. And the landlord losing a claim against them for damages for harassment under Protection from Harassment Act 1997.’
Nearly Legal, 20th May 2018
Source: nearlylegal.co.uk
‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’
Nearly Legal, 18th May 2018
Source: nearlylegal.co.uk
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