housing – Page 63 – Current Awareness

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

Posted June 12th, 2017 in appeals, housing, landlord & tenant, leases, local government, London, news, notification, right to buy, service, service charges, tribunals by sally

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

All or nothing? – Tanfield Chambers

Posted June 12th, 2017 in housing, leases, news by sally

‘A “share of the freehold” is a phrase that appears countless times in
sales particulars up and down the country. But in the words Frank Sinatra used in his first commercial recording back in 1932, these words may mean “all or nothing at all.”’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk

R (C) v Islington LBC – Arden Chambers

Posted June 9th, 2017 in Administrative Court, domestic violence, equality, homelessness, housing, local government, London, news, proportionality, sex discrimination, statutory duty by sally

‘The Administrative Court has held that priority within a housing allocation scheme providing that existing social housing tenants are to be preferred over other applicants, such as the homeless and women fleeing domestic violence, for certain local lettings of eg new and refurbished accommodation was justified and accordingly had not been unlawfully discriminatory for the purposes of art.14 and ss.19, 29 Equality Act 2010; the introduction of the local lettings policies had complied with s.149 Equality Act 2010 and s.11 Children Act 2004; but the operation of a system of direct offers, used particularly to allocate accommodation to homeless applicants, had not been sufficiently set out in the scheme and was accordingly unlawful.’

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Arden Chambers, 31st May 2017

Source: www.ardenchambers.com

Making it up as you go – Nearly Legal

Posted June 7th, 2017 in disabled persons, disclosure, domestic violence, homelessness, housing, human rights, judicial review, local government, London, mental health, news, proportionality, sex discrimination, statutory duty by sally

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Charity crowd funds in bid to challenge roll-out of Right to Rent scheme – Local Government Lawyer

Posted June 2nd, 2017 in housing, landlord & tenant, news, race discrimination by sally

‘The Joint Council for the Welfare of Immigrants (JCWI) has begun crowd funding ahead of a potential legal challenge to the roll-out of the Right to Rent scheme to Scotland, Wales and Northern Ireland.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

High Court judge throws out application to commit council housing officers – Local Government Lawyer

Posted May 26th, 2017 in committals, housing, judicial review, news by sally

‘A man who sought to make a committal application against Royal Borough of Greenwich housing officers has had a series of judicial review applications dismissed as without merit and been ordered to pay costs.’