Public Law Today Housing Newsletter

ARE YOU HIGHLY MOTIVATED? Newcastle City Council is hiring a Senior Solicitor/Team Manager - Housing and Litigation (to £49,575). For further exceptional roles go to Public Law Jobs:

Brent: Senior Lawyer - Homelessness (to £54,597) and Senior Lawyer - Contracts/Capital Projects (to £54,597; new role to support programme to build at least 817 new homes).
Leeds: Principal Legal Officer - Housing (to £45,591) and Principal Legal Officer - Housing Disrepair (to £40,760). Closing: 28 February (Friday).
Harlow: Assistant Solicitor/CILEx/Barrister - Litigation (to £38,095).
Shelter: Housing Litigation Solicitor (£37,030; Sheffield office).
Cheshire East: Commercial and Property Lawyer (to £46,028).
HB Public Law: Lawyer/Senior Lawyer - Property (to £52,134).
Southwark: Lawyer - Criminal & Regulatory (to £47,274 + additional market factor payment up to £2,327) and Assistant Lawyer - Prosecutions & Regulatory (to £43,404).
City of York: Senior Solicitor x 2 - Contract & Commercial (to £48,307; one role is permanent, two days each week; the other is maternity cover until May 2021) and Senior Solicitor - Planning (to £48,307).
Chadwick Nott: Housing Standards Officers x 2 (North West).

BOOK NOW:

Proportionate & Effective Enforcement – Gypsies and Travellers - No5 Barristers Chambers - 2 March.
Social Housing Fraud - Rights & Remedies - Cornerstone - 17 March.

High Court judge orders council to secure suitable accommodation for claimant
A High Court judge has taken the “relatively unusual” step of issuing a mandatory order giving a London borough 12 weeks to secure that suitable accommodation is available to a claimant and his family.

Provider of specialist supported housing loses legal challenge to adverse regulatory judgement
A provider of specialist supported housing for adults with physical disabilities and/or mental health needs has failed in a legal challenge to a regulatory judgement of the Regulator of Social Housing in which it was assessed as ‘non-compliant’ in respect of financial viability and governance.

Appellant fails in challenge to closure order barring him from accessing his flat
An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.

Ombudsman threatens council with legal action over lack of co-operation
Folkestone and Hythe Council was threatened with a court summons by the Local Government Ombudsman over its handling of a complaint about its treatment of a homeless family.

Landlord ordered to pay £6k+ for harassing and financially exploiting tenant
A landlord has been ordered to pay nearly £6,000 in fines and costs after pleading guilty to harassing and financially exploiting one of her tenants, following an investigation by Bristol City Council’s Private Housing Rogue Landlord Unit.

Housing Ombudsman issues guidance for landlords on responding to complaints
Guides cover the key elements the Ombudsman would expect to see in landlords’ policies and will help landlords to develop their policies to reflect what it considers to be best practice.

Consortium of social housing providers to procure latest multi-million pound legal services framework
The Central Housing Investment Consortium of social housing providers and local authorities is to procure a four-year, multi-million pound legal services framework agreement.

Listed law firm snaps up social housing practice Croftons
Knights Group has acquired specialist housing, regeneration and commercial real estate law firm Croftons.

The First Homes scheme

The Government is consulting on a new affordable housing scheme called First Homes. Neil Toner, Hannah Langford and Alasdair Muir outline the known knowns and the known unknowns of the new initiative as well as the likely role for local authorities.

A matter of respect

The Upper Tribunal has reinstated 'generous' penalties for Housing Act 2004 licensing offences. Dean Underwood examines its ruling.

Housing case law update: February 2020

Michael Owen, Helen Gascoigne and Ian Larkins round up the latest housing law rulings from the courts and recent reports from the Local Government and Social Care Ombudsman.
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Obtaining possession of a secure tenancy

Produced in partnership with Karl King of Hardwicke Chambers, this LexisNexis Local Government guidance note provides comprehensive and up to date legal information covering the range of tenancy types for social housing and the processes involved in obtaining posession for each.

Home is where the hoard is

Chris Grose and Sharon McLoughlin provide some top tips for housing providers dealing with hoarding issues.

Assessment of witness evidence - recent authority

The Court of Appeal has revisited jurisprudence concerning the assessment of witness evidence. Andy Lane examines the judgment.

Houses in multiple occupation

This LexisNexis Local Government guidance note provides comprehensive and up to date legal information covering the management, licensing and definition of houses in multiple occupation (HMOs).

TOP LOCUM ROLES: Senior Homelessness Lawyer (London; £negotiable), Housing Lawyer (Berkshire; to £35/hr), Housing Lawyer (London; to £30/hr), Prosecutions Lawyer (North West; to £40/hr), Litigation Lawyer (North West; to £45/hr) and Housing Standards Officers x 2 (North West).

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was "good reason" for delay in homelessness appeal
The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.

Civil Justice Council proposes rule changes to ensure consideration of vulnerability of people in civil proceedings
The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.

London borough obtains £190k confiscation order against landlord over flats converted without permission

Attorney General gives undertaking to Grenfell Tower Inquiry on oral evidence from individuals and future prosecutions

Resolve launches ASB week dedicated to highlighting impact of Anti-Social Behaviour on communities

Councillor found guilty on two counts of fraud by misrepresentation over housing tenancy

London boroughs name 26 chambers to £55m advocacy and related legal services framework agreement

Bevan Brittan boosts Midlands social housing and property teams with double hire

Law firm advises social housing group on first sustainability linked loan

Allocation of risk in construction contracts

Rachel Murray-Smith and Oliver Slater look at the importance when entering construction contracts of the parties reflecting the allocation of risk

Interpretation of lawful use certificates

Michael Rudd analyses the outcome of a recent case concerning the applicability of the familiar interpretative principles of planning permissions to lawful development certificates

Extending prior approval time limits by agreement

Charles Streeten explains why Holgate J accepted the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits applicants and local planning authorities to agree extensions of time for the determination of such applications in writing.

We need to talk about Section 73: the Lambeth and Finney cases

Michael Dempsey discusses whether two recent decisions are indicative of something more fundamental about section 73 and how it is used and understood in practice.

The Epping Forest SAC and grants of planning permission

Permission to bring a legal challenge over a grant of planning permission near the Epping Forest Special Area of Conservation has been rejected. Ashley Bowes explains why.

BOOK NOW: SIGN UP TO RECEIVE NEW COURSE AND EVENTS ALERTS

Planning Law Update NW - Royal Town Planning Institute - 2 March.
Proportionate & Effective Enforcement – Gypsies and Travellers - No5 Barristers Chambers - 2 March.
Legionnaires Disease Course - Landlords Masterclass - 16 March.
Social Housing Fraud - Rights & Remedies - Cornerstone - 17 March.
Handling Data Subject Requests Under GDPR - Act Now - 19 March.
Annual Planning Forum - Francis Taylor Building - 30 March.

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.