EU migrants: David Cameron sets out more benefit restrictions – The Guardian

Posted November 27th, 2013 in benefits, bills, EC law, employment, enforcement, fines, housing, immigration, news, statistics by tracey

‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’

Full story

The Guardian, 27th November 2013

Source: www.guardian.co.uk

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by tracey

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by tracey

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by tracey

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer

“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”

Full story

Local Government Lawyer, 19th November 2013

Source: www.localgovernmentlawyer.co.uk

The “bedroom tax” and human rights – Hardwicke Chambers

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

Full story

Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

Sleepwalking into error – NearlyLegal

Posted November 14th, 2013 in appeals, default judgments, housing, news by tracey

“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

I don’t want to go to… Lambeth – NearlyLegal

Posted November 13th, 2013 in appeals, domestic violence, homelessness, housing, local government, news, statutory duty by tracey

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

Full story

NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

Housebuilders can win permission direct from ministers if councils are too slow – Daily Telegraph

Posted November 13th, 2013 in environmental protection, housing, local government, news, planning by tracey

“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

High Court date set for office-to-home conversion rights challenge – OUT-LAW.com

Posted November 12th, 2013 in housing, judicial review, local government, news, planning by tracey

“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) – WLR Daily

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action : [2013] EWHC 3350 (QB);   [2013] WLR (D)  425

“The ‘benefit cap’ set in the Benefit Cap (Housing Benefit) Regulations 2012, amending the Housing Benefit Regulations 2006, did not unjustifiably discriminate against women and large families contrary to article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

 

Of Superglue and Residence – NearlyLegal

Posted November 7th, 2013 in evidence, housing, news, retrials, squatting, trespass by tracey

“A prosecution under s.144 LASPO that came unstuck.”

Full story

NearlyLegal, 5th November 2013

Source: www.nearlylegal.co.uk

Accept no substitutes – NearlyLegal

“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”

Full story

NearlyLegal, 6th November 2013

Source: www.nearlylegal.co.uk/blog/

Deaf and blind man fears losing home over “bedroom tax” as disabled legal challenges mount – The Independent

Posted October 29th, 2013 in benefits, disabled persons, housing, news, social services by sally

“A deaf and blind man who uses his spare bedroom to store braille equipment fears that he could lose his home due to the ‘bedroom tax’ as lawyers warned that the controversial measure is having a discriminatory impact on the disabled.”

Full story

The Independent, 28th October 2013

Source: www.independent.co.uk

When a decision-maker gives retro-reasons – UK Human Rights Blog

Posted October 28th, 2013 in appeals, housing, judicial review, local government, news, planning, reasons by sally

“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”

Full story

UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

Why We Can’t Trust Judges to Beat the Bedroom Tax – Garden Court Chambers Blog

Posted October 17th, 2013 in benefits, housing, news, political parties, social security by sally

“Liz Davies explains that, although the courts may be able to help a few individuals, we need to step up the political battle.”

Full story

Garden Court Chambers Blog, 17th October 2013

Source: www.gclaw.wordpress.com

The House That Jackson Built – Zenith Chambers

Posted October 15th, 2013 in budgets, civil procedure rules, disclosure, housing, news, witnesses by sally

“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact (if any) the reforms and stated ‘culture change’ have had, and are likely to have, upon those practising housing law.”

Full story

Zenith Chambers, 15th October 2013

Source: www.zenithchambers.co.uk

POSHFA! – NearlyLegal

Posted October 15th, 2013 in confiscation, crime, housing, landlord & tenant, news, rent by sally

“The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of ‘Unlawful Profit Orders’, which get around the decision of the Court of Appeal in Sumal v Newham London Borough Council [2012] EWCA Crim 1840 that confiscation of rent was not possible because ‘the continued receipt of the rent was not the product of the appellants crime’. (Admittedly that was a prosecution for an unlicensed property in a selective licensing area under section 95(1) of the Housing Act 2004, but the point about confiscation not being enabled under statute had broader application).”

Full story

NearlyLegal, 14th October 2013

Source: www.nearlylegal.co.uk

Do you have a Right to Rent? – NearlyLegal

Posted October 11th, 2013 in bills, housing, human rights, immigration, landlord & tenant, news by sally

“The Government has today published the Immigration Bill in the Commons. We have previously commented on this planned bill and we had been hoping that it might be quietly shelved or downgraded. However that appears not to be the case. From our point of view we are only interested in the housing related provisions in Chapter 1 of Part 3 (which start here) and I am not going to discuss the rest of the Bill.”

Full story

NearlyLegal, 10th October 2013

Source: www.nearlylegal.co.uk

Playboy lawyer in dispute with ‘hunny bunny’ – Daily Telegraph

Posted October 10th, 2013 in barristers, housing, news by tracey

“A judge has refused to rule that an ex-model who was part of a playboy lawyer’s ‘hunny bunnies’ club has no claim to flat and Range Rover he bought her.”

Full story

Daily Telegraph, 9th October 2013

Source: www.telegraph.co.uk