housing – Page 96 – Current Awareness

Regina (Clue) v Birmingham City Council and another (Shelter intervening) – WLR Daily

Posted May 4th, 2010 in appeals, children, housing, immigration, law reports, local government by sally

Regina (Clue) v Birmingham City Council and another (Shelter intervening) [2010] EWCA Civ 460; [2010] WLR (D) 109

“Apart from hopeless or abusive cases, a local authority faced with an application for support and accommodation pending the determination of an arguable application for leave to remain on human rights grounds, should not refuse assistance if that would have the effect of requiring the person to leave the United Kingdom thereby forfeiting his claim.”

WLR Daily, 30th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Millionaire wins battle to build eco home on own island – The Independent

Posted April 29th, 2010 in appeals, environmental protection, housing, news, planning by sally

“A millionaire has won a fight with planners to build a luxury eco-home on his own south coast island.”

Full story

The Independent, 29th April 2010

Source: www.independent.co.uk

R v Modjiri – WLR Daily

Posted April 26th, 2010 in appeals, confiscation, housing, law reports, proceeds of crime by sally

R v Modjiri [2010] EWCA Crim 829; [2010] WLR (D) 99

“The concern of s 79(3) of the Proceeds of Crime Act 2002 is limited to the valuation of property and does not extend to the realisation of property, so that it does not have to be assumed that a beneficial interest in property has to be sold separately from the property and, for the purposes of making a confiscation order, the correct basis on which to proceed is to take into account the due proportion of the proceeds which the defendant would receive on sale of the property.”

WLR Daily, 23rd April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

“Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted March 24th, 2010 in homelessness, housing, law reports, local government, Supreme Court by sally

Ali and another v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] WLR (D) 86

“A local housing authority’s duty, under section 193 of the Housing Act 1996, to secure that accommodation be made available for an unintentionally homeless person who had a priority need did not give the homeless person a ‘civil right’ within the meaning of art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms because the provision of appropriate accommodation was dependent upon the exercise of evaluative judgments by the local authority as to whether the statutory criteria had been satisfied and how the homeless person’s need ought to be met.”

WLR Daily, 23rd March 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woman loses legal battle to keep pet dog – The Independent

Posted March 18th, 2010 in disability discrimination, dogs, housing, news by sally

“A woman who says her dog is the reason for getting up in the morning lost a legal battle today to be allowed to keep pet Alfie at her housing association flat.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

Woman ordered to quit 92-year-old mother’s home – The Independent

Posted March 17th, 2010 in housing, news, repossession by sally

“A court today ordered a 60-year-old woman to leave the home of the 92-year-old mother she has not spoken to for eight years.”

Full story

The Independent, 17th March 2010

Source: www.independent.co.uk

Regina (Coombes) v Waltham Forest London Borough Council and another – WLR Daily

Posted March 11th, 2010 in declarations of incompatibility, housing, law reports, local government, repossession by sally

Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70

“S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barber v Croydon London Borough Council – WLR Daily

Posted February 16th, 2010 in ASBOs, housing, mental health by sally

Barber v Croydon London Borough Council – WLR Daily [2010] EWCA Civ 51; [2010] WLR (D) 39

“A local housing authority had acted unreasonably in seeking possession against a mentally impaired tenant for anti-social behaviour when it failed to take into account the possibility that the tenant’s mental impairment might have given rise to his behaviour. However, the fact that the tenant had successfully advanced a public law defence in a private law action meant that the council would not be preventing from bringing a fresh possession action if on reconsideration it felt it was merited.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fidler v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 16th, 2010 in enforcement notices, housing, law reports, planning by sally

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin); [2010] WLR (D) 38

“Where the construction of an house without planning permission had been concealed by the erection of straw bales and a tarpaulin which had been left in place for over four years after the completion of the house, so that the local planning authority did not become aware of the house until after expiry of that four-year period, the totality of building operations originally contemplated and intended to be carried out by the builder included the erection and removal of the straw bales, with the result that construction had not been substantially completed until the bales had been removed and the four-year period for enforcement had not begun to run until that date.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Greater court protection for homeowners: consultation – Ministry of Justice

Posted February 5th, 2010 in charging orders, consultations, consumer credit, debts, housing, Ministry of Justice, news by sally

“A consultation on whether homeowners who have failed to repay consumer credit debts should have accrued a minimum level of debt before a court can order the sale of their home has been released today.”

Full story

Ministry of Justice, 5th February 2010

Source: www.justice.gov.uk

Farmer loses fight to save home he hid behind hay bales – The Guardian

Posted February 3rd, 2010 in housing, news, planning by sally

“A Englishman’s house may be his castle – but it stills needs to have planning permission, a farmer learned the hard way today.”

Full story

The Guardian, 3rd February 2010

Source: www.guardian.co.uk

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Posted February 3rd, 2010 in appeals, change of use, housing, law reports, planning by sally

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26; [2010] WLR (D) 19

“Where planning permission had been granted for the erection of a building for storing agricultural products but the building after erection had been used only as a single dwellinghouse, there had been a change of use of the building to that of a dwellinghouse for the purposes of s 171B(2) of the Town and Country Planning Act 1990, and accordingly no enforcement action could be taken after the expiry of a 4–year period.”

WLR Daily, 2nd February 2010

Source: www.lawreports.co.uk

R (Savage) v Hillingdon London Borough Council – WLR Daily

Posted February 2nd, 2010 in homelessness, housing, judicial review, law reports, local government by sally

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court battle after ‘garden flooded 80 times’ – The Independent

Posted January 27th, 2010 in housing, misrepresentation, news by sally

“A financier who bought a £1.9m family home on the banks of the Thames is taking the previous owners to court, claiming they failed to warn him that the garden flooded as many as 80 times a year.”

Full story

The Independent, 27th January 2010

Source; www.independent.co.uk

The current legal challenges facing social landlords: a judge’s perspective – speech by Lord Neuberger

Posted December 1st, 2009 in housing, speeches by sally

“The current legal challenges facing social landlords: a judge’s perspective – keynote address, Social Housing Law Association Annual Conference 2009 on 27 November 2009.”

Full speech

Judiciary of England and Wales, 30th November 2009

Source: www.judiciary.gov.uk

Housing fraud informants to receive rewards of up to £500 – The Guardian

Posted November 30th, 2009 in fraud, housing, informers, news by sally

“The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.”

Full story

The Guardian, 29th November 2009

Source: www.guardian.co.uk

Birmingham City Council v Qasim and others – WRL Daily

Posted October 22nd, 2009 in housing, law reports, repossession by sally

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301

“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Swindon Borough Council v Redpath – WLR Daily

Posted September 15th, 2009 in housing, injunctions, law reports by sally

Swindon Borough Council v Redpath [2009] EWCA Civ 943; [2009] WLR (D) 290

“For the purposes of an application for an anti-social behaviour injunction by a local authority under s 153A of the Housing Act 1996, the term “housing-related” in that section was to be given a broad rather than a narrow interpretation, so that the victims of such conduct need not be residents of local authority accommodation or their visitors or those engaged in lawful activity in such premises.”

WLR Daily, 11th September 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.