Public Law Today Housing Newsletter

JOIN A HIGH-QUALITY LEGAL SERVICE: Haringey is hiring: Lawyer - Housing Litigation (to £45,585) and Senior Legal Assistant (to £39,774; some housing experience desirable). Closing: 17 November. We have other exceptional opportunities on Public Law Jobs:

Lewes and Eastbourne Legal Services: Housing Lawyer (to £30,187; 22.5 hrs/week).
Leeds: Principal Legal Officer - Housing Law (to £45,591). Closing: 18 November.
Guildford: Lawyer - Property/Commercial Property (to £42,145 - Level 1, to £47,189 - Level 2).
Bracknell Forest: Lawyer (to £44,632 + local weighting; hiring across three practice areas including housing). Closing: 18 November.
Warwickshire: Solicitor - Planning and Litigation (to £47,847).

TOP LOCUM ROLES: Civil Litigation Solicitor (South East; to £45/hr; urgent), Housing Lawyer (East Midlands; to £40/hr), Assistant Housing Lawyer (London; to £32/hr), Litigation Lawyer (Cambridgeshire; to £45/hr), Housing Lawyer (North West; to £40/hr), Private Sector Housing Lawyer (London; to £40/hr), Civil and Criminal Litigation Solicitor (East Midlands; to £38/hr), Litigation Lawyer (North East London; to £35/hr), Prosecutions Locum (North West; to £35/hr), Housing/Employment Lawyer (London; to £35/hr), Housing Litigation Solicitor (Surrey; £35/hr) and Housing Paralegal (London; to £22/hr).

Supreme Court finds tribunals and local authorities must disapply bedroom tax to avoid human rights breaches

The Supreme Court has held that social security tribunals and local authorities have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, so as not to violate a claimant’s rights under the European Convention on Human Rights.

London borough defeats Court of Appeal challenge over succession rules

The London Borough of Haringey has successfully defended a Court of Appeal challenge over the rules relating to the succession to secure council tenancies.

London borough fails in Upper Tribunal appeal over service charges and heating system renovation

The London Borough of Southwark has lost a case in the Upper Tribunal (Lands Chamber) over whether it can impose service charges on leaseholders on an estate where the heating system pipework has been renovated.

Upper Tribunal rules on spent convictions and 'fit and 'proper person' test for property licence applications

The Upper Tribunal has handed down a significant ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004.

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud

A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.

Landlord ordered to pay £25k+ over unsafe, unlicensed HMOs

A landlord who operated five unlicensed houses in multiple occupation (HMOs) has been ordered to pay more than £25,000 after a prosecution by the London Borough of Redbridge.

Housing watchdog sets date for introduction of new Rent Standard

The importance of bringing a homelessness appeal in time....

Adrian Davis examines Mr Justice Stewart’s decision in the High Court in which he dismissed an appeal against a county court judge’s refusal to extend time for bringing a homelessness appeal under section 204(2A) of the Housing Act 1996.

Housing disrepair, ADR and letters of claim

Elizabeth England examines issues around ADR, the failure to respond to a Letter of Claim and the Pre-Action Protocol for Housing Disrepair claims.

Housing case law update: succession rules, 'vulnerable persons' and suitable accommodation

From succession rules to paying upfront for remedial work, Christopher Skinner, Natalie Hurst and Victoria Smith round up the latest housing law cases.

Social housing restrictions - is Homes England consent required or not?

Tanya Edmonds looks at the uncertainty around Land Registry restrictions when social housing providers dispose of land.

Spent convictions, underlying conduct and the 'fit and proper person' test

An Upper Tribunal ruling on spent convictions and the ‘fit and proper person’ test for holding a property licence under the Housing Act 2004 will be of interest to all local housing authorities, private landlords, and those who advise them, write James Findlay QC and Riccardo Calzavara.

Disability benefits, "income" and affordability

The Court of Appeal has provided clarification about the status of disability benefits in affordability cases, writes Matt Lewin.

Resident secures funding for legal challenge over impact of public space protection order on homeless

A local resident campaigning for the scrapping of parts of a public space protection order (PSPO) introduced by Poole Borough Council last year over their impact on homeless people has secured enough funding to launch a legal challenge.

Appellant loses High Court battle over ruling that she was out of time to bring homelessness appeal

A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.

Confusion over roles of council and tenant management organsiation led to ineffective response to Grenfell fire, inquiry finds

The Royal Borough of Kensington & Chelsea was not told of the major incident at Grenfell Tower for more than an hour after emergency services declared it, and confusion over the roles of the council and its tenant management organisation (TMO) meant neither responded effectively.

Chancery Division of High Court hears battle between council and tenant over water agreements and 're-selling'

The High Court is hearing a test case that will consider whether local authorities and housing associations have acted lawfully in failing to pass on to their tenants any discount or commission agreed with water companies.

Borough council wins Court of Appeal battle over Local Plan and objectively assessed need

Difficulties in recruiting to District Bench "to have adverse consequences for civil, family jurisdictions: Lord Chief Justice

Kent housing association seeks legal services provider to advise on moving valuation basis for stock

Law firm acts for West Midlands social housing group on £600m corporate finance restructuring

Scottish housing association names two firms to £375k legal services framework

Legal Aid agency to offer contract for housing and debt telephone legal advice services

Is an old version of the prescribed s.8 notice still useable?

Michael Grant discusses a recent County Court case concerning service of an outdated version of the prescribed Section 8 notice.

Social care support and persons subject to immigration control

The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.

Homelessness reviews and temporary accommodation

John Murray considers a recent case in which the Court reviewed a London borough's refusal to provide an applicant with temporary accommodation pending an outcome of his s.202 Housing Act 1996 review.

Collateral warranties - time is of the essence

Social housing providers should particularly be aware of a recent case in the context of subcontractor and novated consultant warranties in their favour. Zoe Stollard and Priscilla Hall discuss how, without careful drafting, the benefit of a later collateral warranty may expire at the same time as the earlier underlying Building Contract.

The public/private joint venture - why do they succeed?

Anthony Vittadini highlights some of the keys to success when implementing public/private joint ventures and those involving property in particular.

Taking into account the impacts and benefits of deliverable schemes

The High Court has allowed a statutory challenge against the Secretary of State’s dismissal of an appeal in relation to a 1,200 dwelling scheme. Christopher Lockhart-Mummery QC and Heather Sargent explain why.

BOOK NOW:

ASB Course: Injunctions, Power of Arrest and Committal Procedures - Frontline Resolution + 4-5 Gray's Inn Square - 18 November.
Cleaning up the air we breathe: what are councils doing to combat air pollution? - Freeths - 25 November.
Town and Country Planning: Agreements under Section 106 - LLG - 26 November.
Prosecutions in the Magistrates Court - An Advocacy Workshop - LLG - 9 December.

BOOST YOUR CAREER: Being a legal locum in local government
An increasing number of legal professionals are becoming locums. Rayhaneh Tehrani and Laura Smith explain the reasons why this is the case, and set out what they think candidates should consider when looking for jobs in local government.