‘A London borough has overcharged approximately 37,000 tenants for water and sewerage services, a High Court judge has ruled.’
Local Government Lawyer, 4th March 2016
Source: www.localgovernmentlawyer.co.uk
‘Forfeiture of (residential) long leases is a controversial subject: on the one hand, it’s clear that there has to be a practical and accessible route for landlords to enforce covenants, whether as to payment of monies or more general “management” covenants (e.g. stopping people just removing load bearing walls); but, on the other, the potential for an enormous (and almost always disproportionate) benefit to the landlord if the lease actually is forfeited is pretty hard to justify. Moreover, as a result of both the general drafting techniques in long leases and some [ahem] interesting Court of Appeal decisions, there is a pretty good case that a landlord can recover his legal and professional costs of pursuing forfeiture matters, even if the breach is trivial or if relief would be granted.’
Nearly Legal, 29th February 2016
Source: www.nearlylegal.co.uk
‘The Commons Communities and Local Government Select Committee has begun an enquiry into homelessness. The written submissions from Councils, charities, campaigners, professional organisations and others are a stark illustration of a homeless system that is, at least in some areas, in complete crisis – overwhelmed, unable to cope with rapidly rising demand, let alone provide suitable accommodation.’
Nearly Legal, 29th February 2016
Source: www.nearlylegal.co.uk
‘The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable.’
The Guardian, 29th February 2016
Source: www.guardian.co.uk
‘An application for interim relief in a judicial review of Lambeth’s refusal to provide interim accommodation pending review of the claimant’s homeless application, but one that leaves me thinking (or perhaps hoping) that there must have been more to this than appears in the Lawtel note.’
Nearly Legal, 24th February 2016
Source: www.nearlylegal.co.uk
‘The High Court has ruled that a planning inspector was not wrong to find that the housing supply figures in a council’s local plan were out of date and to accept alternative figures put forward by a developer as the basis for calculating the housing supply position for the purposes of a planning appeal.’
OUT-LAW.com, 23rd February 2016
Source: www.out-law.com
‘Sir Stephen Bubb, author of a report into the Winterbourne View scandal, has called on the Government to appoint a Learning Disabilities Commissioner.’
Local Government Lawyer, 22nd February 2016
Source: www.localgovernmentlawyer.co.uk
‘Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some £2,800 per month. Ms Golvina was away from the cottage over the Christmas period in 2010 and while she was away, the pipes froze and then burst during a cold snap. The cottage was flooded and the damage caused allegedly amounted to some £128,089.71.’
Nearly Legal, 16th February 2016
Source: www.nearlylegal.co.uk
‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’
BBC News, 16th February 2016
Source: www.bbc.co.uk
‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’
OUT-LAW.com, 16 February 2016
Source: www.out-law.com
‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’
Nearly Legal, 13th February 2016
Source: www.nearlylegal.co.uk
‘This was a quite extraordinary judicial review (or rather four joined judicial review claims with another 16 cases put in evidence in support) in which what was in the end at stake was not any remedy for the individual claimants – it was agreed that their individual issues had been remedied and the claims were academic on that basis – but whether there were systemic failings in Birmingham’s handling of homeless applications such that Birmingham:
generally, discourage and divert applications so that individuals are denied their statutory rights to have their situation properly inquired into and be given interim accommodation whilst those inquiries are being made.’
Nearly Legal, 14th February 2016
Source: www.nearlylegal.co.uk
‘The Court of Appeal has given its judgment in a conjoined appeal of two of the latest challenges to the bedroom tax/removal of spare room subsidy (delete as you see fit), holding that it was unlawfully discriminatory in its application to 1.A female victim of serious domestic violence living in a home significantly adapted (including the provision of a “safe room”) to ensure her safety in the face of threats from her former partner; and 2. A severely disabled 15 year old boy cared for by his grandmother and her partner, who required a carer to stay in their home two nights per week.’
UK Human Rights Blog, 2nd February 2016
Source: www.ukhumanrightsblog.com
‘The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference.’
Nearly Legal, 31st January 2016
Source: www.nearlylegal.co.uk
‘The Department for Work and Pensions is trying to force a rape victim to pay the so-called “Bedroom Tax” on her police-installed panic room, it has emerged.’
The Independent, 27th January 2016
Source: www.independent.co.uk
‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’
The Guardian, 27th January 2016
Source: www.guardian.co.uk
‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’
Nearly Legal, 27th January 2016
Source: www.nearlylegal.co.uk
‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’
Family Law Week, 15th January 2016
Source: www.familylawweek.co.uk
‘Sam Madge-Wyld considers the housing law agenda for 2016.’
LAG Housing Law, 12th January 2016
Source: www.laghousinglaw.com
‘Andy Creer looks at the decision in Jewelcraft Ltd v Pressland [2015] EWCA Civ 1111.’
Hardwicke Chambers, 8th January 2016
Source: www.hardwicke.co.uk
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