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Housing case law update - June 2020

Daniel Skinner and Natalie Hurst examine the latest housing-related cases in the Court of Appeal, High Court and Upper Tribunal. Read more
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June 29, 2020

Judge rejects application for interim relief after council offered unfurnished flat to claimant particularly vulnerable to COVID-19

A High Court judge has rejected an application for interim relief against a district council amid claims that an unfurnished one-bedroom flat was unsuitable accommodation for a claimant who was particularly vulnerable to COVID-19.
June 29, 2020

London borough revises homeless prevention scheme after legal challenge

Lambeth Council is to revise one of its homeless prevention schemes, formerly known as Temp2settled, following a legal challenge amid claims it had resulted in families being removed from its social housing register.
June 26, 2020

Council to pay £1,000, build new bat hibernation boxes and improve processes after Ombudsman criticises planning approval

Warwick District Council has agreed to pay £1,000 and provide new hibernation boxes for bats after it failed to properly consider the impact a development might have on local wildlife when it approved a planning application.
June 26, 2020

Local Government and Social Care Ombudsman resumes taking new complaints online

The Local Government and Social Care Ombudsman has announced that, after pausing all casework during the COVID-19 crisis, it will be resuming all existing casework and taking on new complaints through its website from next week (29 June).


June 29, 2020

Gas safety certificates and possession proceedings

Sarah Salmon examines an important Court of Appeal ruling on section 21 notices and the service of relevant gas safety records.
June 29, 2020

The section 188(1) duty and the Homelessness Reduction Act

Toby Vanhegan looks at a recent High Court ruling on amendents introduced by the Homelessness Reduction Act 2017.
June 29, 2020

Disrepair during COVID-19

Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.
June 29, 2020

The COVID-19 “New Deal”​

Russell Harris QC explains how the delivery of housing association dwellings could be boosted at a stroke.
June 29, 2020

Private registered providers and the EIRs

The Upper Tribunal has confirmed private registered providers are not subject to the Environmental Information Regulations. Kate Dimes Letters and Andrew Latham look at the key points of the ruling.
June 26, 2020

Variation and enforcement of s.106 – Part 3: relationship to s.73 TCPA

In the third in a series of articles by barristers at Landmark Chambers on varying s.106 obligations, Matthew Henderson looks at the relationship to s. 73 of the Town and Country Planning Act 1990.
June 26, 2020

Local government contracts and the ultra vires doctrine

In the light of the recent school facility management case invoving the Isle of Wight Council, Rob Hann takes a look at the weapons now available to local government to avoid the ‘horrors’ of ultra vires.
June 26, 2020

Ch-ch-ch-ch-changes - a practical checklist for varying public sector agreements

How should you go about varying agreements? Kieran McGaughey provides a practical checklist.

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June 26, 2020

The right to lobby councillors: Holborn Studios 2

A High Court judge recently considered the right of local councillors to receive correspondence from the public and to consider it when making decisions. Richard Harwood QC analyses the outcome.
June 26, 2020

Child protection, diplomatic immunity and human rights

Hannah Whitehouse summarises two recent decisions by a High Court judge in relation to diplomatic immunity and public law children proceedings that are likely to be significant and have wide-reaching ramifications.
June 26, 2020

How to (lawfully) rename streets and remove statues

Ruchi Parekh highlights the relevant legal framework and some of the issues that councils will need to consider before amending their street names or removing statues.
June 26, 2020

Site allocation plans and Green Belt release

A Planning Court judge recently allowed a legal challenge to the Leeds Site Allocations Plan. Jenny Wigley explains why.
June 26, 2020

Asking employees to re-apply for their old jobs

Can an employer ask a redundant employee to apply for their old job? Mark Stevens examines a recent Employment Appeal Tribunal (EAT) ruling.
June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.
June 25, 2020

Al Fresco eating and drinking under the Business and Planning Bill 2020

Through the Business and Planning Bill 2020, introduced this week, the government is looking to simplify and reduce the costs of the licensing process for outdoor seating and stalls. Gary Grant analyses the licensing aspects of the legislation.
June 24, 2020

Homelessness and COVID-19

Catherine Rowlands, Andy Lane and Tara O'Leary consider the impact of the pandemic on homelessness with a focus on the rough sleeper initiative, the issues of priority need, intentionality and homelessness/threatened with homelessness, and the issues faced by front-line officers investigating cases and securing information.
June 22, 2020

Public law update: relinquished babies

In this family law webinar, Michael Jones gives a public law update on babies relinquished for adoption.
June 19, 2020

The First-tier Tribunal (Property Chamber) - practice and procedure

This Property Disputes guidance note from LexisNexis provides comprehensive and up to date legal information covering the jurisdiction, practice and procedure of the First-tier Tribunal (Property Chamber).
June 19, 2020

Access to viability assessments: Holborn Studios 2

In the first of two articles Richard Harwood QC considers what the Planning Court had to say about the public's right of access to viability assessments.
June 19, 2020

Varying s106 obligations Part 2: S106B appeals

In the second in a series of articles from Landmark Chambers on the subject of the variation and enforcement of s106 obligations, James Maurici QC considers s106B appeals in relation to variations and discharge.