We eat ham and jam and spam a lot – Nearly Legal

Posted September 27th, 2016 in enforcement, housing, news, notification, threatening behaviour by sally

‘Property guardian companies. Just when you think that most of the firms involved have managed some form of legality around their possession and eviction practices, they go and disappoint you.’
Full story

Nearly Legal, 26th September 2016

Source: www.nearlylegal.co.uk

Vulnerability, ‘significantly’ and equality duties – Nearly Legal

Posted September 26th, 2016 in disabled persons, equality, housing, local government, mental health, news by sally

‘This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. In this appeal, the particular issues were whether the Public Sector Equality Duty (PSED) had been complied with, and then the approach to ‘significantly more vulnerable’.’

Full story

Nearly Legal, 25th September 2016

Source: www.nearlylegal.co.uk

Housing shortage means many women ‘feel safer behind bars’ – BBC News

Posted September 22nd, 2016 in housing, landlord & tenant, news, prisons, probation, release on licence, reports, women by sally

‘A former inmate has told the BBC many women feel “safer in prison” due to a lack of suitable housing for female ex-offenders.’

Full story

BBC News, 22nd September 2016

Source: www.bbc.co.uk

Right to be Forgotten? – Nearly Legal

Posted September 20th, 2016 in appeals, causation, homelessness, housing, news by sally

‘When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten about by the council following a final decision on their application.’

Full story

Nearly Legal, 18th September 2016

Source: www.nearlylegal.co.uk/blog/

Men sentenced over illegal supply of migrant workers in East Anglia – The Guardian

‘Two brothers who acted as illegal gangmasters in Wisbech have been given two-year prison sentences suspended for two years at Cambridge crown court.’

Full story

The Guardian, 13th September 2016

Source: www.guardian.co.uk

Housing applicant wins challenge after accepting offer ‘under protest’ – Local Government Lawyer

Posted September 13th, 2016 in homelessness, housing, local government, news by sally

‘The London Borough of Brent was perverse to characterise acceptance while seeking review as refusal in a homelessness case.’

Full story

Local Government Lawyer, 13th September 2016

Source: www.localgovernmentlawyer.co.uk

A compendium of vulnerability cases – Nearly Legal

‘Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability.’

Full story

Nearly Legal, 12th September 2016

Source: www.nearlylegal.co.uk

Homeless young offenders’ housing criticised by report – BBC News

Posted September 7th, 2016 in children, homelessness, housing, local government, news, reports, young offenders by sally

‘A third of homeless 16 and 17-year-old offenders in England and Wales are being placed in unsafe or unsuitable accommodation, a report has found.’

Full story

BBC News, 7th September 2016

Source: www.bbc.co.uk

Councils warned to expect large number of appeals over “pay to stay” – Local Government Lawyer

Posted August 31st, 2016 in appeals, housing, local government, news, rent by sally

‘Councils can expect costly challenges and appeals as more than 70,000 social housing tenants face £1,000 a year average rent rises under the ‘pay to stay’ regime.’

Full story

Local Government Lawyer, 30th August 2016

Source: www.localgovernmentlawyer.co.uk

What do points mean? (No prizes) – Nearly Legal

Posted August 30th, 2016 in children, homelessness, housing, interpretation, local government, news by sally

‘Another allocation judicial review, related, but perhaps distinct from the line of ‘reasonable preference’ cases we have previously seen. The issue, in part, Islington’s use of a ‘points threshold’ for allowing bidding for properties, though not for qualification to the register.’

Full story

Nearly Legal, 29th August 2016

Source: www.nearlylegal.co.uk

Race Discrimination and Housing in post-Brexit Britain – Cloisters

Posted August 25th, 2016 in harassment, housing, immigration, landlord & tenant, news, race discrimination by sally

‘In this article Catherine Casserley and Tom Gillie consider race discrimination in housing and, in particular, the obligations that landlords have not to discriminate themselves and to take action when their tenants are experiencing discrimination and harassment by other tenants.’

Full story

Cloisters, 22nd August 2016

Source: www.cloisters.com

Mortgage Express V. Lambert – Radcliffe Chambers

Posted August 23rd, 2016 in debts, housing, internet, misrepresentation, mortgages, news, setting aside by sally

‘In the autumn of 2007 Laura Lambert was in desperate financial straits. She had a flat worth £120,000, but could not manage the mortgage repayments. Through the internet she made contact with S and C who duly visited her. They told her, to her surprise, that the flat was worth only £30,000 and offered to buy it from her for that sum. They told her that she would be able to continue living there indefinitely. She agreed to their proposal.’

Full story

Radcliffe Chambers, 27th July 2016

Source: www.radcliffechambers.com

Airbnb – a quick buck or a catastrophic mistake? – Tanfield Chambers

Posted August 23rd, 2016 in covenants, holidays, housing, internet, landlord & tenant, leases, news by sally

‘The last few years have seen short term property letting sites such as Airbnb become the go-to way of booking holiday accommodation in Europe’s most popular cities. Millennial tourists are rejecting stuffy, expensive hotels, preferring instead the flexibility of their own apartment right in the middle of town where, in the words of Airbnb, they can “feel at home anywhere in the world”. In response, those who are lucky enough to own or occupy a city apartment have been quick to meet the demand, with new “hosts” joining the site every day. There are Airbnb kiosks on London’s high streets where tourists can book a property like they used to book a cab.’

Full story

Tanfield Chambers, 5th August 2016

Source: www.tanfieldchambers.co.uk

Vulnerability after Hotak/Johnson/Kanu – Nearly Legal

Posted August 23rd, 2016 in appeals, homelessness, housing, mental health, news, Supreme Court by sally

‘Mr M had applied to Southwark as homeless. He provided a GP’s letter stating that he suffered from depression, was prescribed anti-depressants and was awaiting therapy. Soon after, Mr M’s brother was murdered and he was badly affected by this.’

Full story

Nearly Legal, 22nd August 2016

Source: www.nearlylegal.co.uk

Council agrees to re-house disabled woman after Ombudsman investigation – Local Government Lawyer

Posted August 19th, 2016 in disabled persons, housing, local government, news by sally

‘A London borough has agreed to re-house a disabled woman and her family after errors were made in processing her housing application.’

Full story

Local Government Lawyer, 18th August 2016

Source: www.localgovernmentlawyer.co.uk

Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

Full story

Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

Housing needs and household members – Nearly Legal

‘This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property.’

Full story

Nearly Legal, 7th August 2016

Source: www.nearlylegal.co.uk

When does the refusal to provide accommodation to an applicant breach Article 3? – Nearly Legal

Posted August 5th, 2016 in housing, human rights, local government, news by sally

‘In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to provide accommodation under s.1, Localism Act 2011 to avoid a breach of Article 3 of the European Convention of Human Rights. The result – which was positive for GS – is potentially of considerable assistance for similar people.’

Full story

Nearly legal, 3rd August 2016

Source: www.nearlylegal.co.uk

Allocation & unreasonable behaviour – Nearly Legal

Posted August 2nd, 2016 in housing, local government, news, rehabilitation by sally

‘YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin). YA was in care with H&F for a number of years and was now a care leaver. During that previous period as a child in care, he had committed a number of criminal offences, though these were spent under Rehabilitation of Offenders Act 1974 at the relevant time. YA applied to be added to H&F’s housing register.’

Full story

Nearly legal, 31st July 2016

Source: www.nearlylegal.co.uk

Ellie Butler murder: Father displayed ‘pattern of impulsive violence’ – BBC News

‘A man who murdered his six-year-old daughter was described as displaying a “pattern of impulsive violence” months before she died, it has been revealed.’

Full story

BBC News, 30th July 2016

Source: www.bbc.co.uk