Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Judge hands down ruling on effect of withdrawal agreement on homeless applicants who are former EU nationals – Local Government Lawyer

Posted June 5th, 2024 in brexit, homelessness, housing, immigration, local government, news by sally

‘A Slovakian national has won a case against the London Borough of Islington over whether his status under agreements between the UK and the European Union entitled him to homelessness support.’

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Local Government Lawyer, 5th June 2024

Source: www.localgovernmentlawyer.co.uk

Asylum seekers report widespread abuse in Home Office accommodation – The Guardian

‘Hundreds of complaints about ill treatment from staff looking after asylum seekers in hotels and other accommodation have been lodged with the Home Office, a Guardian investigation has found.’

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The Guardian, 3rd June 2024

Source: www.theguardian.com

Section 23 Care Act and a need for accommodation – Nearly Legal

‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’

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Nearly Legal, 28th May 2024

Source: nearlylegal.co.uk

Angela Rayner cleared of criminal wrongdoing over sale of home – The Guardian

‘Angela Rayner has been cleared of criminal wrongdoing over claims she avoided tax on the sale of a home, with the Labour deputy leader criticising what she called the “desperate tactics” of Conservative MPs who urged police to investigate.’

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The Guardian, 28th May 2024

Source: www.theguardian.com

No-fault evictions bill now unlikely to pass – BBC News

‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

High Court dismisses judicial review against council after finding Bibby Stockholm barge lies outside area subject to planning control – Local Government Lawyer

Posted May 24th, 2024 in asylum, housing, immigration, judicial review, local government, news, planning by sally

‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers

Posted May 22nd, 2024 in appeals, chambers articles, housing, local government, news, repossession by sally

‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’

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Park Square Barristers, 2nd April 2024

Source: www.parksquarebarristers.co.uk

Bailiff evictions of renting households at six-year high, says MoJ – The Guardian

‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

Homelessness and human rights – Law Society’s Gazette

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

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Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Gypsy and Traveller sites in the Green Belt – Local Government Lawyer

Posted May 14th, 2024 in change of use, housing, news, planning, travellers by tracey

‘Roderick Morton examines a recent s288 challenge against the decision of an inspector to refuse permission on appeal for a material change of use of land in the Green Belt for the stationing of caravans for residential occupation.’

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Local Government Lawyer, 10th May 2024

Source: www.localgovernmentlawyer.co.uk

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal

Posted May 13th, 2024 in appeals, housing, mortgages, news, repossession, service charges by tracey

‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Court of Appeal rejects challenge over enforcement notice and application of Murfitt principle – Local Government Lawyer

Posted May 10th, 2024 in appeals, enforcement notices, housing, local government, news, planning by sally

‘A planning inspector misdirected himself in a dispute over the construction of a house in Beaconsfield and misunderstood case law, the Court of Appeal has ruled.’

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Local Government Lawyer, 9th May 2024

Source: www.localgovernmentlawyer.co.uk

Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

A warning for housing lawyers – Local Government Lawyer

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Improvement notices under s.12 Housing Act 2004 – Local Government Lawyer

Posted May 8th, 2024 in building law, fire, health & safety, housing, local government, news, repairs by tracey

‘The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Remediation orders – landlords beware – Tanfield Chambers

Posted May 3rd, 2024 in building law, chambers articles, housing, landlord & tenant, news, repairs by sally

‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’

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Tanfield Chambers, 26th April 2024

Source: www.tanfieldchambers.co.uk

Building Safety Act amendments re Tribunal appointed managers – Tanfield Chambers

‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’

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Tanfield Chambers, 19th April 2024

Source: www.tanfieldchambers.co.uk