Category: housing

Money down the drain – Nearly Legal

Posted May 25th, 2016 in costs, easements, housing, local government, news, nuisance, waste, water by sally

‘Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert opinion as they emerge over the course of the case. It is also an object example of litigation between neighbours that got completely, astonishingly, out of hand in relation to the initial objectives.’

Full story

Nearly Legal, 25th May 2016

Source: www.nearlylegal.co.uk

New drainage guidance for lawyers published – Legal Futures

Posted May 25th, 2016 in barristers, building law, codes of practice, duty of care, housing, local government, news, planning, solicitors, water by sally

‘New guidance is released today [24 May] for lawyers on drainage requirements for new build developments.’

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Legal Futures, 24th May 2016

Source: www.legalfutures.co.uk

What happens when you’re deported to Britain? – BBC News

Posted May 25th, 2016 in benefits, burglary, charities, deportation, housing, immigration, local government, national insurance, news, prisons by sally

‘A widowed mother-of-five who has lived in Australia for most of her life is facing deportation to the UK. What awaits her when she gets off the plane, asks Claire Bates.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk

New Act – legislation.gov.uk

Posted May 24th, 2016 in housing, legislation, planning by tracey

Housing and Planning Act 2016

Civil Justice Council decides against new housing court – Litigation Futures

Posted May 23rd, 2016 in case management, civil justice, consultations, courts, dispute resolution, housing, news, pilot schemes, tribunals by sally

‘The Civil Justice Council (CJC) has decided not to back a new housing court to deal with all property disputes, despite support for the move among lawyers in the sector.’

Full story

Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

Councils hit back after minister attacks affordable housing policy legal challenge – Local Government Lawyer

Posted May 19th, 2016 in appeals, housing, local government, news, planning by sally

‘The two councils that challenged a Government policy on affordable housing and small-scale sites have defended their decision to bring legal action, after a minister claimed the proceedings were “a total waste of taxpayers’ money”.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk

Housing and Planning Bill to receive Royal Assent on 12 May – OUT-LAW.com

Posted May 13th, 2016 in bills, housing, local government, news, planning by tracey

‘The UK government’s Housing and Planning Bill has been listed to receive Royal Assent today (12 May).’

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OUT-LAW.com, 12th May 2016

Source: www.out-law.com

Farmer awarded £1m noise compensation from Stansted airport still waiting for pay-out 17 years later… as white lines haven’t been finished – Daily Telegraph

Posted May 11th, 2016 in airports, compensation, housing, news, noise by sally

‘A farm owner who won £1 million from Stansted because planes flying over his £2 million home slashed its value in half is still waiting for the pay-out 17 years later.’

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Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

Questions and Answers – Nearly Legal

Posted May 9th, 2016 in children, families, homelessness, housing, judicial review, litigation friends, local government, news, social services by sally

‘A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided.’

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Nearly Legal, 8th May 2016

Source: www.nearlylegal.co.uk

Judge rejects challenge over refusal of support under s.17 Children Act – Local Government Lawyer

Posted May 3rd, 2016 in children, housing, news, social services by tracey

‘A High Court judge has rejected a judicial review challenge brought by a claimant via her mother over a London borough’s decision to refuse to provide accommodation and support.’

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Local Government Lawyer, 3rd May 2016

Source: www.localgovernmentlawyer.co.uk/

Practical advice on forfeiture – Hardwicke Chambers

Posted April 27th, 2016 in civil procedure rules, forfeiture, housing, landlord & tenant, leases, mortgages, news, repossession, service, service charges, time limits by sally

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Allocation schemes and unlawful discrimination – LAG Housing Law

Posted April 27th, 2016 in age discrimination, appeals, codes of practice, disability discrimination, equality, housing, human rights, local government, news, sex discrimination, statistics by sally

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

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LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

You’ve lost that loving Ealing (Sorry) – Nearly Legal

Posted April 27th, 2016 in age discrimination, children, disability discrimination, equality, housing, human rights, judicial review, landlord & tenant, local government, news, pilot schemes, sex discrimination, statistics by sally

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

Full story

Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

Moorjani v Durban Estates – Tanfield Chambers

Posted April 26th, 2016 in appeals, damages, housing, landlord & tenant, leases, news, repairs by sally

‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’

Full story

Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

Peers change draft legislation on starter homes and sale of high value council houses – OUT-LAW.com

Posted April 20th, 2016 in bills, housing, local government, news, planning, sale of land by sally

‘Changes made to the UK government’s Housing and Planning Bill will confine the sale of starter homes to those aged 23 or over and require a proportion of the discount on their purchase price be repaid if the homes are sold on within 20 years.’

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OUT-LAW.com, 19th April 2016

Source: www.out-law.com

Misc on taxes – council and bedroom – Nearly Legal

Posted April 20th, 2016 in benefits, council tax, housing, news by sally

‘Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) – quite astonishingly, an appeal against a making of a bankruptcy order – Mr. Robin Hollington QC addressed the issue. The bankruptcy petition was founded on a number of council tax liability orders and the efforts of Ms Okon to set aside those orders were at issue.’

Full story

Nearly Legal, 19th April 2016

Source: www.nearlylegal.co.uk

Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer

Posted April 18th, 2016 in appeals, environmental protection, housing, interpretation, local government, news, planning, Supreme Court by sally

‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’

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Local Government Lawyer, 18th April 2016

Source: www.localgovernmentlawyer.co.uk

High Court upholds an inspector’s decision to waive a £1m affordable homes payment – OUT-LAW.com

Posted April 12th, 2016 in housing, local government, news, planning by sally

‘The High Court has dismissed Medway Council’s challenge of a planning inspector’s decision to waive a £1 million affordable housing payment.’

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OUT-LAW.com, 8th April 2016

Source: www.out-law.com

Private parts – Nearly Legal

Posted April 12th, 2016 in housing, human rights, judicial review, news by sally

‘Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or specific housing associations) were public bodies both for the purposes of the Human Rights Act and public law/judicial review.’

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Nearly Legal, 10th April 2016

Source: www.nearlylegal.co.uk

Inheritance tax: a brief history of death duties – The Guardian

Posted April 12th, 2016 in housing, inheritance tax, news, succession, taxation by sally

‘Modern inheritance tax dates back to 1894 when the government introduced estate duty, a tax on the capital value of land, in a bid to raise money to pay off a £4m government deficit.’

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The Guardian, 10th April 2016

Source: www.guardian.co.uk