Lime
Legal's
Housing Law Week
General Editor: Jan Luba QC
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10
December 2014 Update
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A very warm welcome to the final issue of Housing Law Week for this
year.
We are absolutely delighted with the overwhelming interest in, and
support of, Housing Law Week since its
launch in October.
Sincere
thanks to all of our new subscribers for their support and their feedback
and to our General Editor, Jan Luba QC, for all of his hard work, and
enthusiasm.
Our next issue will be on Wednesday 14 January 2015.
If you are reading this message but you are not yet a subscriber in
your own right then sign up now at http://www.limelegal.co.uk/hlw_signup.asp
Merry
Christmas everyone and a really Happy New Year!
Best wishes,
Lime Legal
’s
Housing Law Week Team
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HOUSING LAW NEWS
Policy
Issues in Housing Law
Housing
Benefit
The restrictions on local
housing allowance (LHA) provide for an up-rating by only 1% in 2014/15 and
2015/16. But there is power for the Government to increase rates beyond
that limit in areas where rising market rents are significantly reducing
the availability of affordable accommodation. This allows rates in certain
areas to increase by 4%, subject to LHA maximum limits. A new Order sets
out which areas will benefit from the 4% increase in 2015/16. For the
Order, click
here For
the Explanatory Memorandum, click
here
Gas safety in social housing
The regulator of social
housing in England has issued a regulatory notice following the failure of
another social landlord (this time, Yorkshire Housing Ltd) to ensure that
it complied with annual gas inspections to secure the safety of tenants.
For a copy of the notice, click
here
Tenants of social housing
The annual Big Tenant Survey provides an insight into the tenant perspective on
social landlord services and performance. For a copy of the 2014 survey
report, click
here
Retaliatory eviction
After the talking-out of the Tenancies Reform Bill, there is to be an
attempt to introduce the same provisions controlling retaliatory eviction
as part of the Deregulation Bill which is currently going through the
House of Lords (see below under Housing
Laws in the Pipeline). For a copy of the proposed amendment, click
here
Improving the Private Rented Sector
A
new report, addressed to councils in London, sets out what can be done to
help private landlords improve the energy efficiency of properties they
let out to tenants. For a copy, click here
Legal aid in housing cases
Two Parliamentary
Committees have been examining aspects of legal aid funding of civil cases
(including Housing). The Public Accounts Committee held an evidence
session about the costs and savings achieved by legal aid reform on 4
December 2014. For the details, click
here The Justice Select Committee is also considering
the impact of the civil legal aid reforms and has its final evidence
session on 10 December 2014 with the Chief Executive of the Legal Aid
Agency. For details of that inquiry, click
here The House of Commons Library has published an
updated version of its briefing paper on the latest round of legal aid
reforms. For a copy, click
here
New housing law in Wales
The roll-out of the Housing (Wales) Act 2014 is now underway. The first
commencement Order has been made and several provisions were brought into
force on 1 December 2014. For a copy of the Order, click
here.
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Housing
Laws in the Pipeline
Consumer Rights Bill
This is a government bill that relates to housing by: (1) repealing and
replacing laws dealing with unfair terms in tenancy agreements and other
contracts; and (2) requiring letting agents to publish their fees. The
bill has completed its House of Lords Report Stage and had a Third reading
on 8 December 2014. For more
details about the bill and its progress, click
here For the latest version of the Bill, as amended on
Report, click
here For the recent
debate on parts of the Bill concerning letting agent fees, click
here
Deregulation Bill
This is a government bill that relates to housing by: (1) reducing the
qualifying period for right to buy; (2) removing the power to require
preparation of housing strategies; and (3) amending the law on tenancy
deposits. The bill has completed its House of Lords Committee Stage and a
date for Report Stage has yet to be fixed. For more details about the bill
and its progress, click
here
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NEW
HOUSING LAW CASES
Mohamed v Secretary of
State for Communities and Local Government
5
December 2014
The
claimant home-owner was served with a planning enforcement notice in
respect of what was said to be the creation of a separate self-contained
dwelling in the back garden. The claimant appealed against the order
claiming that a dilapidated garage had been repaired to provide an
additional separate bedroom for the extended family. An inspector
dismissed the appeal, having been satisfied that the unit was a
self-contained dwelling. But the decision notice failed to explain why the
works were outside the scope of permitted development. The High Court
allowed a further appeal on the basis that the inspector’s decision had
not given adequate reasons. For the judgment, click
here.
Loveridge v Lambeth LBC
3 December 2014
The claimant had been a secure council tenant. While he was temporarily
absent, the council wrongly repossessed and re-let his flat. In his claim
for unlawful eviction, he sought damages assessed under Housing Act 1988
sections 27-28 being the difference between the value of the property to
the council with and without him as a tenant. At trial, he was awarded £90,500.
The Court of Appeal set that award aside. On a notional sale the claimant
would have become an assured tenant of a private buyer liable to pay a
market rent. Such a buyer would pay the council the same whether he was in
possession or not. The Supreme Court allowed a further appeal by the
claimant and restored the award made by the judge. The damages had to
be assessed on the basis that the claimant had been – and would remain
– a secure tenant. For the judgment, click
here For a summary, click
here For a
commentary, click
here
York City Council v Darren Avey
1 December 2014
The
defendant was a private landlord. He let a house to nine occupiers without
obtaining an HMO licence. At York Magistrates’ Court he pleaded guilty
to not having a licence and was fined £10,000 plus a £120 victim
surcharge and £1,755 costs. For more details of the
prosecution, click
here
R(C, T, M & U) v Southwark LBC
28 November 2014
A mother and her three young children became homeless. The mother was not
eligible for homelessness assistance or social housing. Children's
Services found them one room in B&B accommodation and provided
subsistence payments. They were later moved to other accommodation (in
another London Borough) and eventually found long term accommodation in
Rochdale. They sought judicial review of the Council's performance of its
duties under Children Act 1989 section 17. The claim was dismissed.
Although the accommodation had not been ideal, and the subsistence
payments had changed frequently, the council had not acted unlawfully. For
the judgment, click
here
Medway Council v Robert Emery
27 November 2014
The defendant was the private landlord of several properties in the
council’s area. On inspection by the council, three of his houses were
found in poor condition. The council served a prohibition notice on one
and improvement notices on the others. Emery pleaded guilty to three
offences of non-compliance. At Medway Magistrates' Court he was fined £8,300
with costs of £3,430 and a £350 victim surcharge. For more details of
the prosecution, click
here
Barnet LBC v Four Seasons Property Ltd
25 November 2014
The defendant property company converted a three
bedroom house into a seven bedroom HMO, which it then let out. It was found guilty of five breaches of the
Management of Houses in Multiple Occupation Regulations at Willesden
Magistrates’ Court. It was fined £25,000, with £2,466 costs and a £120
victim surcharge. For more details of the prosecution, click
here
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HOUSING
LAW CONSULTATIONS
Receipts
from council housing sales
The
DCLG is consulting on proposed amendments to the regulations governing the
use of receipts arising from the disposal of council housing assets and
use of the receipt arising from such disposals. Closing date: 19
December 2014. For a copy
of the consultation paper, click
here
Consultation on a New Tenancy for the Private Sector
The Scottish Government is consulting on new arrangements for security of
tenure and/or rent control in the private rented sector. Closing date: 28
December 2014. For a copy of the consultation paper, click
here
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NEW
HOUSING LAW
ARTICLES & PUBLICATIONS
Joint tenancy rights (commentary
on Dacorum BC
v Sims) Jane Plant [2014] Inside
Housing 3 December. To read the article, click
here
Evictions and homelessness (commentary
on R (ZH and CN) v London Boroughs
of Newham and Lewisham) Nicholas Dobson [2014] The
Law Society Gazette 1 December p18.
To read the article, click
here
Having a legal right to settled accommodation empowers homeless people in
Scotland Beth Watts [2014] LSE Blog To read the article, click
here
Sorting myths from facts over housing cases
Jan Luba QC and Sara Stephens [2014]
Legal Action November Issue. To read the article, click
here (subscription only)
Bruton, licensees in possession and a fiction in title Adam
Baker [2014] Conveyancer &
Property Lawyer 495
10 things you should know about housing and health Jill
Stewart [2014] EHN Online 3
December. To read the article, click
here
Recent developments in housing law
Jan Luba QC and Nic Madge [2014] Legal
Action November Issue p37. To read the article, click
here (subscription only)
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THE HOUSING LAW DIARY
10 December 2014
Supreme Court to hear the appeal in Aster Communities v Akerman-Livingstone (on possession and disability discrimination defences). For details,
click here
15 December 2014
Supreme Court to hear the appeal in Johnson v Solihull MBC (with other appeals on homelessness and vulnerability). For details,
click here
19 December 2014
Closing date of consultation on use of receipts arising from the disposal of council housing assets (see above)
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RECRUITMENT
Community
Care/Housing Solicitor Job Vacancy with TV Edwards Solicitors
Exciting
opportunity to join a pioneering Legal Aid team at a time of growth. The
vacancy is in our Whitechapel office in
London
. TV Edwards offer excellent support and training opportunities. We need
someone of 0-3 years’ PQE but are flexible, subject to your talents.
Experience in advising clients on Homelessness, Children Act, National
Assistance Act, general Community Care, and Court of Protection cases
would be advantageous.
Hours - 9.30 - 5.30 Mon – Fri.
Salary according to experience.
23 days annual leave. An
application pack, application form and equality monitoring form can be
downloaded from http://www.tvedwards.com/site/careers/opportunities.
Closing
date for applications is 12th December 2014
Completed applications
together with equality monitoring data must be sent by email to:
Christine.woolfenden@tvedwards.com
TV
Edwards is an equal opportunities employer
Advertise
your housing jobs at no charge – simply email info@limelegal.co.uk for
more information.
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Legal's Housing Law Week
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