‘The Government’s decision, announced by way of written ministerial statement and effected by amending National Planning Practice Guidance, to make alterations to the national policy for the provision of affordable housing, was unlawful.’
WLR Daily, 3rd July 2015
Source: www.iclr.co.uk
‘A London borough’s revised housing allocations policy was unlawful, a High Court judge has ruled following a judicial review challenge by a victim of domestic violence to the application of a five-year residency requirement.’
Local Govenment Lawyer, 10th August 2015
Source: www.localgovernmentlawyer.co.uk
‘Leah Pitt, pupil barrister, 2 King’s Bench Walk, considers the latest developments in the use of agreements under section 20 of the Children Act 1989.’
Family Law Week, 13th August 2015
Source: www.familylawweek.co.uk
Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357
‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’
WLR Daily, 31st August 2015
Source: www.iclr.co.uk
‘This is, I think, a very significant case for all Councils who have or are considering setting residence requirements in their allocation policies.’
Nearly Legal, 9th August 2015
Source: www.nearlylegal.co.uk
‘The UK government has been forced to withdraw the exemption from affordable housing contributions and the vacant building credit (VBC) for small housing developments in England after the High Court ruled it was unlawful.’
OUT-LAW.com, 7th August 2015
Source: www.out-law.com
‘Two councils have won a High Court challenge over Government proposals for a threshold on the size of developments beneath which planning authorities should not seek affordable housing contributions through section 106 agreements.’
Local Government Lawyer, 3rd August 2015
Source: www.localgovernmentlawyer.co.uk
‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
Full story
Nearly Legal, 3rd August 2015
Source: www.nearlylegal.co.uk
‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):
(7F) The local housing authority shall not –
(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);
… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’
Nearly Legal, 2nd August 2015
Source: www.nearlylegal.co.uk
‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’
Nearly Legal, 1st August 2015
Source: www.nearlylegal.co.uk
‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’
The Guardian, 3rd August 2015
Source: www.guardian.co.uk
‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’
Nearly Legal, 24th July 2015
Source: www.nearlylegal.co.uk
‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’
Tanfield Chambers, 18th June 2015
Source: www.tanfieldchambers.co.uk
‘The Tories’ plan to extend the right to buy to housing association tenants will face stiff opposition in the House of Lords this week, amid growing concern that it will compromise the independence of charities and add hugely to government debt.’
The Guardian, 18th July 2015
Source: www.guardian.co.uk
‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’
Family Law Week, 8th July 2015
Source: www.familylawweek.co.uk
‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’
Nearly Legal, 29th June 2015
Source: www.nearlylegal.co.uk
‘A High Court judge has declared unlawful a London council’s policy of suspending an unintentionally homeless person’s right to bid for social housing for 12 months.’
Local Government Lawyer, 24th June 2015
Source: www.localgovernmentlawyer.co.uk
‘In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster’s allocation scheme was unlawful in disbarring successful homeless applicants (other than a small group) from bidding for social housing in their first 12 months on the list. During that period, Westminster would be seeking to find a suitable private rented sector property.’
Nearly Legal, 22nd June 2015
Source: www.nearlylegal.co.uk
‘This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing.’
Nearly Legal, 10th June 2015
Source: www.nearlylegal.co.uk
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