‘The Department for Communities and Local Government (DCLG) opened a consultation last week on a series of proposed changes to the existing system of housing standards, which seek to reduce and simplify the rules house builders must comply with.’
OUT-LAW.com, 15th September 2014
Source: www.out-law.com
‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’
NearlyLegal, 11th September 2014
Source: www.nearlylegal.co.uk/blog/
‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’
UK Human Rights Blog, 15th September 2014
Source: www.ukhumanrightsblog.com
‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’
NearlyLegal, 7th September 2014
Source: www.nearlylegal.co.uk
‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’
NearlyLegal, 31st August 2014
Source: www.nearlylegal.co.uk
‘Housing experts have called for minimum standards to be better enforced in the private rental market to stop landlords exploiting vulnerable tenants.’
BBC News, 30th August 2014
Source: www.bbc.co.uk
‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’
Local Government Lawyer, 28th August 2014
Source: www.localgovernmentlawyer.co.uk
Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366
‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’
Hardwicke Chambers, 6th August 2014
Source: www.hardwicke.co.uk
‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’
Hardwicke Chambers, 4th August 2014
Source: www.hardwicke.co.uk
‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’
Hardwicke Chambers, 4th July 2014
Source: www.hardwicke.co.uk
‘A couple from West Yorkshire who went to court to challenge a cut to their housing benefit have won their case.’
BBC News, 7th August 2014
Source: www.bbc.co.uk
‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’
Local Government Lawyer, 6th August 2014
Source: www.localgovernmentlawyer.co.uk
‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’
NearlyLegal, 5th August 2014
Source: www.nearlylegal.co.uk
‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’
NearlyLegal, 3rd August 2014
Source: www.nearlylegal.co.uk
‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’
Full story
OUT-LAW.com, 31st July 2014
Source: www.out-law.com
‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’
The Guardian, 30th July 2014
Source: www.guardian.co.uk
McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336
‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 24th July 2014
Source: www.iclr.co.uk
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