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

Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

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Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by tracey

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

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Nearly Legal, 28th April 2024

Source: nearlylegal.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

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Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Universal Credit, transitional protection and temporary accommodation – Nearly Legal

‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’

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Nearly Legal, 23rd April 2024

Source: nearlylegal.co.uk

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

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Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Council possession claim rejected after it dismissed long-term homosexual partner of tenant as friend in succession case – Local Government Lawyer

Posted April 12th, 2024 in cohabitation, costs, homosexuality, housing, local government, news, repossession by sally

‘Islington Council has been ordered to pay costs after the dismissal of possession proceedings it brought against a tenant that the council did not consider was in a homosexual relationship with the former tenant, who had passed away.’

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Local Government Lawyer, 11th April 2024

Source: www.localgovernmentlawyer.co.uk

Special Development Order puts end to council enforcement action against asylum seeker airbase – Local Government Lawyer

Posted April 9th, 2024 in asylum, enforcement notices, housing, local government, news, planning by tracey

‘West Lindsey District Council has withdrawn its enforcement notice at RAF Scampton in light of a Special Development Order (SDO) that has put an end to planning enforcement action relating to the site.’

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Local Government Lawyer, 8th April 2024

Source: www.localgovernmentlawyer.co.uk

High Court finds Westminster housing policy indirectly discriminatory towards women needing to move to escape violence – Local Government Lawyer

‘A claimant has won a judicial review challenge in the High Court over Westminster City Council’s decision to refuse to agree to her request for a “reciprocal transfer” into accommodation in its area.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by tracey

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

‘Second staircases’ to be mandatory for new buildings above 18m in England – OUT-LAW.com

Posted April 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Property developers in England have been given much-needed clarity on the “second staircase” rule, after the government confirmed the requirement of two staircases for new residential buildings over 18 metres in height.’

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OUT-LAW.com, 5th April 2024

Source: www.pinsentmasons.com