Homelessness and eligibility

This LexisNexis Local Government practice note, produced in partnership with Iris Ferber of 42 Bedford Row, provides comprehensive and up to date legal information covering the eligibility of applicants for housing assistance. Read more
Slide background

  NEWS

Sep 09, 2021

Homes England 'revolutionises' procurement process with launch of new land disposal approach

Homes England has launched what it has called a "first of its kind" Delivery Partner Dynamic Purchasing System, which allows housebuilders to apply to join the agency's list of preferred developers on an ongoing basis, rather than having to wait until the list renews once every four years.
Sep 09, 2021

Clear link between poor governance and compliance with consumer standards, social housing regulator reports

The Regulator of Social Housing (RSH) has outlined areas of improvement for social housing landlords in its ninth annual consumer regulation review.
Sep 08, 2021

London borough to pay complainant £4k after failure to take homelessness application earlier

The London Borough of Barnet is to pay more than £4,000 to a man in case where it was too slow to take a homelessness application and provide emergency accommodation.
Sep 08, 2021

Housing Ombudsman launches project on widening access to complaints with call for volunteers for expert group

The Housing Ombudsman has launched a new project aimed at improving the accessibility of the complaints system, particularly for hard to reach groups.
Sep 07, 2021

First Tier Tribunal wrongly struck out landlord penalty appeal after solicitor failed to pay hearing fee, Upper Tribunal rules

A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.
Sep 06, 2021

Anthony Collins bolsters Manchester office with housing partner hire

Anthony Collins Solicitors has appointed housing specialist Thomas Starkey as a partner as part of its effort to boost its presence in the North West.
Sep 03, 2021

Devonshires names head of housing management and property litigation

Law firm Devonshires has promoted Donna McCarthy to lead its Housing Management and Property Litigation team.
Sep 02, 2021

Complaints to the Housing Ombudsman have risen 21%, quarterly report shows

A report from the Housing Ombudsman covering April to June 2021 shows a 21% increase in the volume of enquiries and complaints received compared to the previous quarter.
Sep 01, 2021

Housing Law Practitioners Association surveys members ahead of judicial review challenge over Brent allocations scheme

The Housing Law Practitioners Association has asked members for information about the experiences of clients who have approached the London Borough of Brent for housing assistance.
Aug 25, 2021

Ombudsman finds social landlord guilty of maladministration in handling of request for information as part of sale of property

The Housing Ombudsman has recorded a finding of maladministration against a major social landlord for its handling of a shared owner’s request for information to enable her to complete the sale of her property including information on the building’s cladding.

  FEATURES AND ANALYSIS

September 06, 2021

Where are you? The “missing” witnesses and drawing an adverse inference

Andrew Lane reports on a recent trial of a possession claim where the issue of adverse inferences was raised.
September 02, 2021

How to get section 21 and deposits right

Iris Ferber and Andrew Carter discuss how to navigate the numerous rules in play in regards to deposits and section 21 notices.
August 19, 2021

Disclosure in without-notice injunctions

A recent County Court case offers a reminder of the importance of being thorough and objective while discharging the duty of disclosure in without-notice injunctions, writes John Murray.
August 04, 2021

CCTV and breaches of injunctions

A housing association tenant has lost his appeal over a suspended custodial sentence he was given after being caught on CCTV breaching an injunction. Anna Bennett examines the Court of Appeal's decision.
August 04, 2021

Possession proceedings and evictions: recent changes

Helen Tucker analyses the latest developments in relation to possession proceedings and evictions.
August 03, 2021

Housing case law - July/August 2021

Paul Lloyd, Helen Gascoigne and Tom Bradbury round up the latest housing law judgments of interest to housing associations and local authorities.
August 03, 2021

Joint ventures: The benefits and implications for RPs and developers explained

Chimi Shakohoxha, Ryan Campbell and Rita Saadeh set out the benefits and implications of joint ventures between registered providers and developers.
July 22, 2021

Implementing a compulsory purchase order

Simon Bell considers the lessons for local authorities and claimants from a recent High Court challenge to a council's decision to execute a general vesting declaration.

Fraser Public Sector 600

Sheriffs Office TSO animated banner

Sponsored Editorial

  MORE NEWS

Aug 19, 2021

Defending nuisance claims

Stuart Whitehead reports on how a social landlord successfully defended a case brought by a tenant involving an alleged infestation of a property.
Aug 19, 2021

Campaigner cleared after arrest for publishing documents from council housing organisation

A local campaigner was arrested after downloading and tweeting documents he found online concerning board meetings and other affairs of Leathermarket Community Benefit Society, a community-led organisation whose purpose is to provide council homes for local residents in severe housing need.
Aug 18, 2021

Council hit with judicial review challenge after calling on man housed under 'Everyone In' Scheme to leave hotel

Lawyers to a Bangladeshi national with leave to remain in the UK but with no recourse to public funds have secured an interim relief order requiring Tower Hamlets Council to continue to accommodate him pending a decision on permission to proceed with a judicial review claim.
Aug 13, 2021

Edinburgh to consult on designating whole of city as short term let control area

The City of Edinburgh Council is to hold a consultation from next month on a draft proposal to designate the whole city as a "short term let (STL) control area".
Aug 13, 2021

Council successfully prosecutes private sector landlord for breach of banning order

A landlord who was reportedly the first in the country to receive a banning order under the Housing and Planning Act 2016 when the new law was introduced in 2019, has been convicted of breaching the original order.
Aug 12, 2021

Government sets up Expert Challenge Panel to advise on implementation of social housing white paper

The Ministry of Housing, Communities and Local Government has established an expert panel to advise the government on the delivery of the social housing white paper.
Aug 11, 2021

Housing association secures possession and £15,000+ unlawful profit order over unlawful subletting

A tenant has been ordered to pay more than £15,000 after unlawfully subletting their affordable rent property to four people whilst living abroad.
Aug 11, 2021

London boroughs pledge not to make Home Office referrals under rough sleeping immigration rules

Three London boroughs have reportedly pledged not to make referrals to the Home Office under new immigration rules which would make rough sleeping grounds for refusing or cancelling a person’s leave to remain in the UK.
Aug 10, 2021

Landlord ordered to pay more than £21,000 after council prosecutes him for unlicensed house in multiple occupation

A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates' Court.
Aug 06, 2021

Council prosecution sees landlord fined more than £14,000 for safety breach and operating without HMO licence

A landlord who has been operating without a HMO licence and failing to maintain safety standards for his tenants has been fined over £14,000 at a prosecution brought by Reading Borough Council.
Aug 05, 2021

Major North East housing association to procure multi-lot legal support services contract

One of the largest social housing organisations in the North East has launched the procurement of legal services support.
Aug 04, 2021

High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice

A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant's existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.
Aug 03, 2021

Trowers & Hamlins advises Building Better on offsite homes framework

Law firm Trowers & Hamlins has supported Building Better, a National Housing Federation (NHF) backed group of 29 registered providers, on setting up their offsite homes framework.
Aug 02, 2021

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally

A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.
Jul 29, 2021

Regulator of Social Housing finds councils in breach of Home Standard amid health and safety inspection concerns

The Regulator of Social Housing has criticised two local authorities for breaching the Home Standard, which requires registered providers to have a cost-effective repairs and maintenance service and to meet all applicable statutory requirements that provide for the health and safety of occupants in their homes.
Jul 29, 2021

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away

Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.
Jul 27, 2021

Council legal team prosecutes defendant for making multiple false applications for social housing

The legal services team at Cotswold District Council has successfully prosecuted an individual for offences under the Fraud Act 2006 in relation to multiple false applications for social housing within the district.
Jul 22, 2021

High Court criticises Magistrates Court for failure to state a case in closure order dispute

Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.
Jul 22, 2021

Select committee calls on Government to pause any further extensions of permitted development rights pending review

The Government should pause any further extensions of permitted development rights (PDRs) for change of use to residential and conduct a review of the role of such PDRs in the wider planning system, MPs have said.
Jul 21, 2021

Cornerstone Barristers bolsters housing and local government teams with arrival of Sarah Salmon

Sarah Salmon, a specialist in local government, housing and property law and chair of the Social Housing Law Association, has joined Cornerstone Barristers.
Jul 20, 2021

Ministry issues revised National Planning Policy Framework, establishes Office for Place

The Ministry of Housing, Communities and Local Government (MHCLG) has issued a revised version of the National Planning Policy Framework and a new National Design Code.
Jul 20, 2021

Campaign group calls for public register of algorithms used by councils, files complaint with Information Commissioner

Campaign group Big Brother Watch has hit out at councils’ use of algorithms, claiming that most of those it had uncovered were “secretive, unevidenced, incredibly invasive and likely discriminatory”.
Jul 13, 2021

Mayor of London to offer boroughs ‘Right to Buy-back’ funding to boost supply of council homes

The Mayor of London, Sadiq Khan, is to offer boroughs funding to purchase homes previously sold through the Right to Buy.
Jul 08, 2021

Judge allows appeal by landlord over failure to apply for licence for house in multiple occupation, criticises handling of sub-tenants case by council

The First Tier Tribunal (FTT) was wrong to ignore a landlord’s claim that she had a reasonable excuse for failing to apply for a licence for a house in multiple occupation (HMO), the Upper Tribunal (Lands Chamber) has ruled.
Jul 07, 2021

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords

Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.

  MORE FEATURES

July 22, 2021

How to ensure better protection for tenants around the country

Shona Ali looks at worrying recent trends in relation to illegal evictions and sets out what local authorities can do to combat the problem.
July 20, 2021

Housing Ombudsman Podcast: Relaxing the rules and returning to the New Normal

In the first episode of the Housing Ombudsman's new podcast, Richard Blakeway, Verity Richards and David Simmons discuss the complaints they have seen that have been affected by the Covid-19 pandemic.
July 15, 2021

The housing possessions backlog and Nightingale Courts: a simple solution?

Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the housing possessions backlog – and ensuring that the wheels of justice keep turning.
July 08, 2021

Introduction of the Building Safety Bill

Lorna Kenyon offers some initial thoughts on the scope of the Building Safety Bill.
July 08, 2021

The New Model for Shared Ownership Lease: a decade of repair costs for landlords

Mark Foxcroft looks at the impact on registered providers of the 10-year repair-free period under the Shared Ownership model.
July 07, 2021

The Domestic Abuse Act 2021: What does it mean for social housing providers?

The Domestic Abuse Act (“DAA”) received royal assent on 29 April 2021 following a much-delayed journey through Parliament. The Act will have important ramifications for social housing providers – including changes for homelessness under Part VII of the Housing Act 1996 which came into effect on 5 July 2021. Tara O’Leary provides a summary of what to expect.
July 07, 2021

Electronic execution: how to save time and money sealing your property documents

A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration, writes Sandy Munroe.
July 07, 2021

Housing case law update - June 2021

Daniel Skinner, Sarah Christy and Laura Waby round up the latest judgments of interest to housing associations and local authorities.
July 07, 2021

Good news for landlords! No requirement to provide EPC for pre-2015 tenancies

Michael Grant discusses a recent decision by the Court of Appeal on whether a section 21 notice served by landlords on a tenant was invalid because no energy performance certificate ("EPC") had been served on the tenant prior to the service of the notice.
July 01, 2021

Can mediation solve the housing possessions backlog?

The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.
June 18, 2021

No preference is a reasonable preference - R (Mallon Montero) v London Borough of Lewisham

A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.
June 17, 2021

Possession - anti-social behaviour, nuisance and crime

This Local Government practice note from LexisNexis provides comprehensive and up to date legal information covering the options available to social housing landlords when taking possession proceedings against tenants engaged in anti-social behaviour.
June 10, 2021

Nutrient neutrality, the Solent and new development

The High Court has rejected habitats challenges on nutrient neutrality in the Solent. David Elvin QC explains why.
June 10, 2021

Unlawful eviction and quiet enjoyment

This LexisNexis Local Government practice note produced in partnership with Laura Tweedy of Hardwicke Chambers explains what unlawful eviction is, how and when it may arise from a civil and criminal perspective, the civil remedies available and potential consequential causes of action, in particular a breach of a tenant’s right to quiet enjoyment.
June 07, 2021

Service of notices on local authorities: statutory nuisance under the Environmental Protection Act 1990

Mathew McDermott discusses a recent case on the service of notices in prosecutions for statutory nuisance under the 1990 Act.
June 07, 2021

Delegating negotiation of s.106 agreements to officers

Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.
June 07, 2021

The Charities Bill – A simplified approach for registered providers

Chimi Shakohoxha and Spencer Vella Sultana examine how proposed changes in the Charities Bill will impact small and large scale land disposals for registered providers.
June 03, 2021

Anti-social behaviour - powers to control behaviour

This LexisNexis Local Government practice note produced in partnership with Hardwicke Chambers provides comprehensive and up to date legal information covering the powers available under The Anti-social Behaviour, Crime and Policing Act 2014.
June 03, 2021

Referee or goalkeeper? The Court of Appeal decides

The Court of Appeal recently considered the correct approach to be taken by a Court to the issue of reasonableness when the defence to a claim for service charges has been struck out. Ryan Kohli explains the outcome.
June 02, 2021

Housing case law update - May 2021

Michael Owen, Natalie Hurst and Jatinder Bhamber round up the latest court rulings and Ombudsman decisions of interest to housing associations and local authorities.