Category: housing

Ready or Not…: Ground 8 and Potential Public Law Defences – Hardwicke Chambers

Posted June 7th, 2012 in adjournment, appeals, disability discrimination, housing, human rights, legal representation, news by sally

“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”

Full story

Hardwicke Chambers, 31st May 2012

Source: www.hardwicke.co.uk

Sir Arthur Conan Doyle house campaigners win court ruling – BBC News

Posted May 30th, 2012 in housing, local government, news, planning by sally

“A High Court judge has ruled that plans to develop the former home of Sherlock Holmes creator Sir Arthur Conan Doyle ‘must be quashed.’ ”

Full story

BBC News, 30th May 2012

Source: www.bbc.co.uk

Two Articles on Local Government Law – 11 KBW

Posted May 28th, 2012 in appeals, benefits, council tax, disability discrimination, housing, legal aid, local government, news, rates by sally

Local Government Law Update: 21 May (PDF)
Local Government Law Update: 22 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com

El Goure v Kensington and Chelsea Royal London Borough Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

El Goure v Kensington and Chelsea Royal London Borough Council [2012] EWCA Civ 670; [2012] WLR (D) 155

“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Maswaku v Westminster City Council – WLR Daily

Posted May 22nd, 2012 in appeals, homelessness, housing, law reports, local government by sally

Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153

“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Posted May 22nd, 2012 in appeals, benefits, disability discrimination, housing, law reports, local government, social security by sally

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

The Duty to House and Support the Vulnerable – Garden Court Chambers Blog

Posted May 21st, 2012 in health, housing, human rights, judicial review, local government, news by sally

“Tim Baldwin summarises a recent noteworthy High Court decision on housing and support for a terminally ill individual.”

Full story

Garden Court Chambers Blog, 21st May 2012

Source www.gclaw.wordpress.com

Housing benefit system discriminated against disabled people, rules Court of Appeal – UK Human Rights Blog

Posted May 21st, 2012 in appeals, benefits, disability discrimination, housing, human rights, news by sally

“In the same week that the Secretary of State for Work and Pensions, Iain Duncan-Smith, announced his intention to implement sweeping reforms of the current system of disability benefits, the Court of Appeal has ruled that housing benefit rules were discriminatory against disabled people, in breach of Article 14 read with Article 1 Protocol 1 of the European Convention.”

Full story

UK Human Rights Blog, 19th May 2012

Source: www.ukhumanrightsblog.com

Disability Discrimination and Housing Allowance: The Importance of Article 14 – Garden Court Chambers Blog

Posted May 16th, 2012 in appeals, benefits, disability discrimination, housing, human rights, news by sally

“Desmond Rutledge explains a landmark Court of Appeal decision upholding the rights of the severely disabled.”

Full story

Garden Court Chambers Blog, 15th May 2012

Source: www.gclaw.wordpress.com

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening) – WLR Daily

Posted May 11th, 2012 in appeals, charities, corporation tax, housing, law reports by sally

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening): [2012] EWCA Civ 569;  [2012] WLR (D)  142

“The provision of housing accommodation was, and could only be, a charitable purpose if it was justified as charitable in respect of the direct benefit provided. It could only be so justified if it was provided to meet a relevant need of the class eligible to occupy it so as to fall within the spirit and intendment of the preamble to the Statute of Charitable Uses 1601 (‘the Statute of Elizabeth’) either directly or by analogy.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

Lost and Found: the Tenancy Deposit Scheme – Zenith Chambers

Posted April 11th, 2012 in deposits, housing, landlord & tenant, news by sally

“The Tenancy Deposit Scheme (TDS) legislation, set out in sections 212 to 215 of the Housing Act 2004, came into force in 2007 in respect of tenancy deposits paid by assured shorthold tenants. Essentially, it imposes two requirements on landlords:
(1) protection of the deposit paid in respect of such tenancies by paying it into an authorised scheme within 14 days of receipt of the deposit; and
(2) provision to the tenant of prescribed information, again within 14 days of the receipt of the deposit.”

Full story (PDF)

Zenith Chambers, 5th April 2012

Source: www.zenithchambers.co.uk

“Reinvigorated” Right to Buy in force – OUT-LAW.com

Posted April 4th, 2012 in housing, local government, news, right to buy by sally

“The Government’s ‘reinvigorated’ Right to Buy scheme is now in force and will apply to social housing tenants, following a consultation at the end of last year.”

Full story

OUT-LAW.com, 3rd April 2012

Source: www.out-law.com

Court of Appeal ruling allows Taylor Wimpey development to proceed – OUT-LAW.com

Posted March 21st, 2012 in appeals, housing, news, planning, roads by sally

“Developer Taylor Wimpey can proceed with its 138 home development in Chippenham following a Court of Appeal ruling which confirmed that a lane, which is crucial to the development, is a public vehicular highway, and not a bridleway limited to walkers and riders.”

Full story

OUT-LAW.com, 21st March 2012

Source: www.out-law.com

Traveller loses appeal against flat – The Independent

Posted March 21st, 2012 in appeals, housing, local government, news, travellers by sally

“An Irish traveller forced to leave an illegal site failed to persuade senior judges today that a local authority should be obliged to re-home him in a caravan.”

Full story

The Independent, 21st March 2012

Source: www.independent.co.uk

Dolan v Corby: Opening the Door to Confusion in the Test for Occupation Orders? – Family Law Week

Posted March 6th, 2012 in appeals, housing, news by sally

“Eleanor Fletcher and Juliet Chapman, barristers, of Lamb Building explore how far the Court of Appeal’s latest guidance for granting exclusionary occupation orders is consistent with its previous dicta.”

Full story

Family Law Week, 5th March 2012

Source: www.familylawweek.co.uk

Court of Appeal allows 584 home Blackpool development despite RSS revocation – OUT-LAW.com

Posted February 29th, 2012 in appeals, housing, judicial review, local government, news, planning by sally

“The Court of Appeal has allowed a 584 home development in Blackpool to go ahead, dismissing an appeal against permission for the development. ”

Full story

OUT-LAW.com, 28th February 2012

Source: www.out-law.com

Basey and others v Oxford City Council – WLR Daily

Posted February 17th, 2012 in benefits, community care, housing, law reports by sally

Basey and others v Oxford City Council [2012] EWCA Civ 115; [2012] WLR (D) 34

“Since the social security and housing legislation had not defined what ‘sheltered accommodation’ was, it was not legitimate for a housing authority to claim that a sheltered accommodation should have a warden or resident caretaking manager and emergency alarm to qualify as such to impose an obligation on the housing authority to pay the costs of fuel and cleaning of the rooms and windows of the housing benefit tenants living in the accommodation. Therefore, a special needs adult living in a four-bedroom property with three other special needs tenants each occupying a bedroom and sharing a kitchen, bath room, two toilets and two sitting rooms, provided with 24-hour care and support supervision staff to meet the tenants’ needs, was a sheltered accommodation such as to oblige the housing authority to pay the costs of fuel and cleaning expenses as part of the rent out of the housing benefit.”

WLR Daily, 15th February 2012

Source: www.iclr.co.uk

Camden council launches legal challenge to HS2 – The Guardian

Posted February 16th, 2012 in housing, judicial review, local government, news, railways by sally

“The ‘great earthquake’ that ‘rent the whole neighbourhood’ was recorded by Charles Dickens in Dombey and Son when a railway first cut through Camden in the early 19th century. Nearly 200 years on, Camden’s residents are stepping up their fight against what they fear will be a smaller, but similar, seismic shock from High Speed 2, the rail scheme given the go-ahead last month.”

Full story

The Guardian, 16th February 2012

Source: www.guardian.co.uk

Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council – WLR Daily

Posted February 14th, 2012 in appeals, benefits, housing, landlord & tenant, law reports, local government by sally

Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council [2012] EWCA Civ 84; [2012] WLR (D) 31

“A landlord had a right of appeal under paragraph 6(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 as a ‘person affected’ by a housing benefit decision in respect of its tenant only in the distinct cases provided for in subordinate legislation.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

No smoke without fire – New Square Chambers

Posted January 24th, 2012 in fire, housing, insurance, land registration, news by sally

“It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. This can be a trap. If, for example, the property is damaged by fire between exchange and completion, the buyer is bound to complete without reduction in price: Poole v Adams (1864) 10 LT 287.”

Full story (PDF) see p. 2

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk