DANGEROUS CLADDING

November 4th, 2024 by James Goudie KC in Housing

A National Audit Office Report reveals that about 60% of buildings at risk have yet to be identified. The Report states that stripping cladding from 9,000-12,000 buildings in England more than 11 metres high could cost between £12.6 million and £22.4 million. Work will not finish for over another 10 years.

 

ANTI – SOCIAL BEHAVIOUR

October 24th, 2024 by James Goudie KC in Housing

Two appeals that were heard together, HAJAN v BRENT LBC and KERR v POPLAR HARCA ( 2024 ) EWCA Civ 1260, raised a number of questions about the procedures which a landlord must follow in order to recover possession of a dwelling-house on the ground of anti-social behaviour resulting in conviction for a serious offence. The BRENT case concerned a SECURE TENANCY. The POPLAR case concerned an ASSURED TENANCY.

 

DOMESTIC ABUSE

October 16th, 2024 by James Goudie KC in Housing

A Local Government and Social Care Ombudsman, on 14 October 2024, draws on its experience investigating housing complaints, since the Domestic Abuse Act 2021, came into force, where domestic abuse was a significant factor in the complaint. It seeks to improve local authority awareness, when providing housing and homelessness support, of their duties. It provides guidance on using the right definition of domestic abuse and priority need, providing interim accommodation as soon as the the low threshold of “ reason to believe “ is met, and identifying applications for social housing which trigger homelessness duties.

 

IMPROVEMENT NOTICE

August 2nd, 2024 by lawrence in Housing

CURD v LIVERPOOL CITY COUNCIL (2024) UKUT 218 (LC) concerned an Improvement Notice served under Section 12 of the Housing Act 2004. It is held that the FTT can vary an Improvement Notice only if it satisfied that a hazard exists. It cannot substitute a requirement for further investigation on the question of hazard in place of a requirement for specified remedial work.

 

NEW TOWNS

July 31st, 2024 by James Goudie KC in Housing

The Government has published a Policy Statement on a new generation of New Towns.  These would be large scale communities of at least 10, 000 new homes each. Locations will be recommended within 12 months.

There will be a NEW TOWNS CODE. This will be a set of rules that developers will have to meet to make sure New Towns are well connected, well designed, sustainable and attractive.

 

HOUSING ASSISTANCE

July 15th, 2024 by James Goudie KC in Housing

In FERTRE v VALE OF WHITE HORSE DC ( 2024 ) EWHC 1754 ( KB ) it is held that pre-settled status granted to an EU national, who had moved to the UK before Brexit, and was economically inactive, had not conferred unconditional rights, including a right to housing assistance. She was not residing in the UK on the basis of the Agreement on the Withdrawal of the UK from the EU.

 

LICENCE CONDITIONS

June 5th, 2024 by James Goudie KC in Housing

In NEWCASTLE CITY COUNCIL v ABDALLAH ( 2024 ) UKUT 140 ( LC ) the Upper Tribunal ( Lands Chamber ) rules that Section 233 of the Local Government Act 1972, on service of notices by local authorities, applies to aa authority’s request for information to be provided in compliance with licence conditions under the Housing Act 2004.

 

ELIGIBILITY FOR HOUSING ASSISTANCE

June 5th, 2024 by James Goudie KC in Housing

In FERTRE V VALE OF WHITE HORSE DC ( 2024 ) EWHC 1234 ( KB ) the Court refuses the authority’s application to strike out an appeal against its decision that an EU national was not eligible for housing assistance. She had made a second application, based on changed circumstances. She had conceded that she was no longer homeless. She had not abandoned her appeal. It was not an abuse of process. It was not academic. If there had been error of law during the initial application the applicant would have the enduring benefit of a determination of threshold eligibility for assistance. Also there was a public interest in the point in issue.

The points of principle are that ( 1 ) the mere fact of making a fresh application does not automatically or impliedly constitute the abandonment of a prior application subject to an extant appeal; A successful fresh application might render the appeal pointless, and liable to be struck out as academic, but it could not, without some clear expression of interest or unequivocal conduct, amount to an abandonment of the appeal; ( 3 ) When there is a change of circumstances the Court has to consider whether the appeal has become academic; ( 4 ) A risk of future homelessness could be a sufficient interest such that an appeal is not academic; and ( 5 ) a point in issue can be of considerable public importance with broader ramifications where the legal issues are of wider significance affecting most income-related welfare benefits which could affect a large cohort of EU nationals.

 

EQUALITY ACT

April 16th, 2024 by James Goudie KC in Housing

Part 3 of the Equality Act 2010 relates to Services and Public Functions. Part 4 relates to Premises. In R ( FG ) v KENSINGTON & CHELSEA COUNCIL ( 2024 ) EWHC 780 ( Admin ) a question is which Part is applicable to a  disabled person’s claim under the Act with respect to an alleged failure by the local authority landlord to deal with noise and smell issues. The Judge holds that it is Part 4.

 

ENVIRONMENTAL INFORMATION

April 10th, 2024 by James Goudie KC in Housing

MASTERMAN v INFORMATION COMMISSIONER ( 2024 ) UKFTT 289 ( GRC ) concerns a request for the licence conditions for a house in multiple occupation. The question arises whether the information sought from the local housing authority was “ environmental information “ subject to the Environmental Information Regulations rather than the Freedom of Information Act. The Tribunal held that it was the former. It was ( paras 47-51 inclusive ) about “ conditions of human life “. That includes conditions in which human beings live.