Category: housing

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

Posted August 1st, 2024 in appeals, compensation, costs, housing, landlord & tenant, leases, news, service charges, solicitors, tribunals by sally

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

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Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

The (Shifting) Audience of Energy Law – King’s Law Journal

Posted July 31st, 2024 in climate change, energy, housing, news by sally

‘Energy is key to our climate goals, our economy and our everyday lives: from the electricity that is now powering your laptop, the stove that cooks your food, to the energy used by the factory that has produced your shoes. Energy prices in the UK rose dramatically between 2021 and 2023, increasing the strain on household-level and public costs.’

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King's Law Journal, 28th July 2024

Source: www.tandfonline.com

Statutory homelessness (England): Causes and government policy – House of Commons Library

Posted July 31st, 2024 in budgets, homelessness, housing, news by sally

‘Outlines the main drivers of homelessness and summarises the UK Government’s approach to tackling homelessness in England, including stakeholder views and comment.’

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House of Commons Library, 30th July 2024

Source: commonslibrary.parliament.uk

Statutory homelessness (England): The legal framework and performance – House of Commons Library

Posted July 31st, 2024 in homelessness, housing, local government, news, statistics by sally

‘An overview of the legal framework for statutory homelessness support in England and how local authorities are delivering these duties. The briefing also summarises official homelessness statistics.’

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House of Commons Library, 30th July 2024

Source: commonslibrary.parliament.uk

Remediation orders under s.123 of the BSA 2022: what might fetter an unfettered discretion? – Falcon Chambers

Posted July 31st, 2024 in chambers articles, government departments, housing, landlord & tenant, local government, news, repairs by sally

‘The First-tier Tribunal has now twice rejected an argument that the power of the Tribunal to make a remediation order under s.123 must be exercised where the threshold criteria are met.’

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Falcon Chambers, 10th July 2024

Source: www.falcon-chambers.com

Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer

Posted July 26th, 2024 in appeals, deposits, housing, landlord & tenant, local government, news, penalties by sally

‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’

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Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

Tenant given two-year community order and told to pay £2,400 in compensation after illegal subletting – Local Government Lawyer

Posted July 24th, 2024 in community service, compensation, fraud, housing, landlord & tenant, local government, news, sentencing by sally

‘The London Borough of Barnet has successfully prosecuted a tenant who illegally sublet her social housing property.’

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Local Government Lawyer, 23rd July 2024

Source: www.localgovernmentlawyer.co.uk

UK government faces claim over alleged failure to protect people in climate crisis – The Guardian

Posted July 24th, 2024 in climate change, environmental protection, government departments, housing, human rights, news by sally

In December, council officials ordered Kevin Jordan to leave his home, warning him it was at risk of falling into the sea at any moment.

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The Guardian, 23rd July 2024

Source: www.theguardian.com

Bereaved families force law changes – why did it take so long? – BBC News

Posted July 18th, 2024 in bereavement, bills, families, health & safety, housing, inquests, news, sport, terrorism by michael

‘The inclusion of both the Hillsborough Law and Martyn’s Law in the King’s Speech is a big moment for people power.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by sally

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

Interim relief in age assessment cases – revisited – Local Government Lawyer

Posted July 16th, 2024 in children, housing, immigration, judicial review, local government, news, young persons by sally

‘Joshua Swirsky discusses a case where Upper Tribunal Judge Smith once again had to consider the balance of convenience in an age assessment case when interim relief is sought.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Residents launch judicial review claiming “strange circumstances” behind planning decision – Local Government Lawyer

Posted July 9th, 2024 in housing, judicial review, local government, news, planning by sally

‘A residents’ group has launched a judicial review challenge against Manchester City Council after its planning committee granted planning permission for a student block it had previously refused permission for on four occasions.’

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Local Government Lawyer, 8th July 2024

Source: www.localgovernmentlawyer.co.uk

Section 188(1) accommodation, suitability and mandatory orders – Nearly Legal

Posted July 8th, 2024 in Administrative Court, children, families, housing, local government, news, statutory duty by sally

‘R (AO) v LB of Haringey (Central London Administrative Court, 9 May 2024). Interim relief was granted in favour of a mother and two primary school aged children who were being accommodated by the Defendant local authority under section 188(1) Housing Act 1996 in unsuitable bed and breakfast accommodation. The Court considered arguments that a mandatory order should not be made because of resource constraints and applied the Supreme Court decision of R (Imam) v Croydon London Borough Council (2023) UKSC 45, [2023] 3 WLR 1178 (“Imam”).’

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Nearly Legal, 7th July 2024

Source: nearlylegal.co.uk

The worrying trend of landlords banning tenants from working from home – The Independent

Posted July 8th, 2024 in employment, housing, landlord & tenant, news by sally

‘Landlords have come under fire for banning prospective tenants from working from home, resulting in calls for new legislation to protect renters.’

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The Independent, 7th July 2024

Source: www.independent.co.uk

Windrush pensioner facing homelessness at 89 as Home Office ‘unable to verify her identity’ – The Independent

Posted July 2nd, 2024 in homelessness, housing, identification, local government, London, news, passports by sally

‘An 89-year-old woman from the Windrush generation is facing homelessness because the Home Office says it cannot verify her identity.’

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The Independent, 1st July 2024

Source: www.independent.co.uk

New statutory guidance on the Best Value Duty – Local Government Lawyer

Posted July 1st, 2024 in consultations, government departments, housing, local government, news, standards by sally

‘The Department for Levelling Up, Housing and Communities (DLUHC) has recently issued welcomed guidance on best value standards and interventions, following a consultation last summer, writes Olivia Carter.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Fitness for human habitation claims – what are they worth? – Local Government Lawyer

Posted July 1st, 2024 in complaints, damages, health & safety, housing, landlord & tenant, local government, news, repairs by sally

‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

Posted June 25th, 2024 in chambers articles, climate change, energy, environmental protection, housing, news, planning by sally

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Different treatment for other boroughs – discriminatory policy – Nearly Legal

Posted June 24th, 2024 in child abuse, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, women by sally

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Housing association defeats High Court claim for wrongful eviction – Local Government Lawyer

Posted June 20th, 2024 in evidence, housing, news, repossession by sally

‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’

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Local Government Lawyer, 20th June 2024

Source: www.localgovernmentlawyer.co.uk