‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Tanfield Chambers, 26th April 2024
Source: www.tanfieldchambers.co.uk
‘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.’
Tanfield Chambers, 19th April 2024
Source: www.tanfieldchambers.co.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.’
Law & Religion UK, 1st May 2024
Source: lawandreligionuk.com
‘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.’
Nearly Legal, 28th April 2024
Source: nearlylegal.co.uk
‘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.’
Garden Court Chambers, 10th April 2024
Source: www.gardencourtchambers.co.uk
‘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.’
Nearly Legal, 23rd April 2024
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 14th April 2024
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 11th April 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 8th April 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 9th April 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 9th April 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
OUT-LAW.com, 5th April 2024
Source: www.pinsentmasons.com
‘Thousands of residents trapped in homes with Grenfell-style cladding that they cannot sell are being “scammed” by insurers demanding unaffordable premiums despite being told the buildings are safe, The Independent can reveal. Nearly seven years after the tragedy, which took place in west London in June 2017, residents living in cladded homes are seeing their insurance costs surge by up to 1,000 per cent.’
The Independent, 24th March 2024
Source: www.independent.co.uk
‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’
Nearly Legal, 1st April 2024
Source: nearlylegal.co.uk
‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’
Nearly Legal, 24th March 2024
Source: nearlylegal.co.uk
‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’
Nearly Legal, 17th March 2024
Source: nearlylegal.co.uk
‘Some quick notes on various recent (ish) Upper Tribunal decisions.’
Nearly Legal, 10th March 2024
Source: nearlylegal.co.uk
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