Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources
Nearly Legal
by Giles Peaker
1d ago
Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45 Full transparency – I acted for Crisis on an intervention in this case. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part o ..read more
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Job ad – Islington
Nearly Legal
by Giles Peaker
1d ago
Hopkin Murray Beskine have a vacancy for a paralegal to assist our busy housing and public law team. We are a long established Islington firm with clients from across London and beyond, who come to us because of our expertise in family, housing and public law. We have a thriving legal aid practice alongside privately funded work. Our solicitors are leaders in their fields and we are recommended by the Chambers UK Guide and Legal 500. Paralegals in our housing and public law team provide support in a range of interesting work, including judicial review, housing possession and disrepair claims i ..read more
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Job Ad – East Dulwich.
Nearly Legal
by Giles Peaker
2w ago
GT Stewart  Solicitor – Housing Team We are a renowned multiservice law firm committed to access justice. Our lawyers specialise in criminal defence, family law, housing, civil liberties and human rights. We are a Legal 500, and Chambers UK recommended firm who are currently recruiting an experienced full-time Solicitor to join our housing team. This is a supervisory role based at East Dulwich Office and you will oversee a small team of junior staff members. Main Duties and Responsibilities Professional pro-active approach, strong client care skills and a sensitive and sympathetic unders ..read more
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What Katrina did (or didn’t do) next.
Nearly Legal
by Giles Peaker
3w ago
Regular readers will no doubt recall this remarkable case, in which Notting Hill Genesis sought and obtained a freezing injunction against a disbarred barrister, Katrina McCarthy for tortiously inducing a breach of contract by getting NHG’s tenant to pay the rent money to her in what she claimed was a ‘court rent account’ for a disrepair dispute, thus giving rise to arrears and a possession claim. Katrina McCarthy then had the chutzpah to purport to be the tenant’s McKenzie Friend in the possession proceedings (without, obviously, turning over any of the money she had taken, some £23,000.) The ..read more
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Thin gruel, delayed expectations, and welcome absences – the King’s Speech
Nearly Legal
by Giles Peaker
1M ago
A couple of case reports are on the go, but maybe significantly delayed, I’m working up to moving house next week, and physically and mentally, everything is all over the place and probably in the wrong box. But we have to note the King’s Speech and the apparent government legislative agenda for housing and leasehold. It is, sadly (though not entirely sadly) notable for what is not in it. The speech confirmed the carrying over of the Renters (Reform) Bill – soon heading into committee stage. But as we now know from the DLUHC response to the select committee report on the bill proposals, the re ..read more
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Job ad – Harrow
Nearly Legal
by Giles Peaker
1M ago
Harrow Law Centre Solicitor – Housing 35 hours per week (part time considered) Salary                 £47,080 per annum plus pension Annual Leave    26 days per annum plus bank holidays Location             Hybrid Harrow/some remote working Deadline for application:    Noon Monday 13th November Harrow Law Centre is a small, effective, and forward-thinking Law Centre which provides specialist legal advice & representation to com ..read more
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Leasehold reform, rumours and thoughts
Nearly Legal
by J
1M ago
We already know that there will be a (residential) leasehold reform bill as part of the King’s Speech, but the Sunday Times today (29.10.23) has some more details about what might be included. Leasehold houses The most eye-catching proposal is probably the least important. We’re told that “All new houses in England and Wales will have to be sold as freehold properties”. That’s hardly new. It’s been government policy since Sajid Javid was (briefly) housing minister (i.e. back in 2016/17) and, frankly, the announcement of the policy has already largely destroyed the market in leasehold houses (s ..read more
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Property Guardians and HMOs – occupation and use
Nearly Legal
by Giles Peaker
1M ago
Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243 This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that. It was a second appeal from the Upper Tribunal decision in Global 100 Ltd v Jimenez & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION – RENT REPAYMENT ORDER – “property guardians”) (2022) UKUT 50 (LC) (our note) which upheld Rent Repayment Orders for failure to licence. It was also the joined appeal of of the U ..read more
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The multiple deposit penalty claim question – yet again
Nearly Legal
by Giles Peaker
1M ago
Szorad & Anor v Kohli (2023) EW Misc 12 (CC) A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit. (To be honest, I’d though that although we don’t have a higher court judgment on the point, some sort of consensus had been reached. It appears not. Some of the history is here, and here, and here and here and here. ) Mr Szorad and Ms Kozmar were the assured shorthold tenants of Mr Kohli initially on a 12 month tenancy from July 2019, then on a statutory periodic until they left in December 2020 ..read more
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Private sector accommodation in discharge of duty – meeting the tests at the right time
Nearly Legal
by Giles Peaker
1M ago
Ayinla v London Borough of Newham. Central London County Court. 29 September 2023 (copy of judgment) Our thanks to Haroon Sarwar of TV Edwards for the judgment in this section 204 appeal. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012. There is a lengthy history to the appeal, which itself follo ..read more
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