Housing news and case law

16 April, 2020

Lack of affordable homes is a major barrier to Homelessness Reduction Act achieving its aims, says Shelter

Local housing allowance rates should be raised to the 50th percentile during the COVID-19 pandemic and kept in line with at least the 30th percentile in perpetuity, charity recommends

15 April, 2020

Court of Session considers whether a landlord seeking possession of a property that was subject to a Repairing Standards Enforcement Order could form a lawful intention to demolish it

Charlton v The Josephine Marshall Trust [2020] CSIH 11

15 April, 2020

High Court considers whether to set aside an order giving permission to issue a writ of possession where the application for that order was based on defects of notice under civil procedure rules

Hertfordshire County Council v Davies [2020] EWHC 838 (QB)

14 April, 2020

High Court considers whether a tenant of a leasehold house must be the tenant of the whole house for the purposes of the Leasehold Reform Act 1967

Freehold Properties 250 Ltd v Field & Ors [2020] EWHC 792 (Ch)

9 April, 2020

High Court rules that council did not breach Care Act, Housing Act and ECHR duties when it took more than 18 months to rehouse a newly severely disabled council tenant

Idolo, R (on the application of) v London Borough of Bromley [2020] EWHC 860 (Admin)

9 April, 2020

Court of Appeal considers interaction between a determination of whether a person is vulnerable under the Housing Act 1996 and compliance with the public sector equality duty

McMahon v Watford Borough Council [2020] EWCA Civ 497

7 April, 2020 Open access

Extension of notice periods for tenants in Scotland during coronavirus outbreak

New measures set out in Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday

7 April, 2020 Open access

Northern Ireland Executive announces delay to Housing Executive rent increase from 1 April to 1 October 2020

In light of the COVID-19 outbreak, the last thing people need is to face a rent increase this week, says Communities Minister

3 April, 2020 Open access

Homelessness charities urge government to remove last remaining barriers preventing councils from housing all rough sleepers during coronavirus crisis

Letter to Prime Minister reports examples of councils denying help to people on basis of not having a local connection or having no recourse to public funds

2 April, 2020

Court of Appeal considers jurisdiction of county court on a section 204 decision and lawfulness of a contracted out decision under section 202

James v Hertsmere Borough Council [2020] EWCA Civ 489

2 April, 2020 Open access

Renters in Scotland afforded greater protections as new coronavirus legislation extends notice periods to up to six months

Measure included in the Coronavirus (Scotland) Bill that was passed unanimously in the Scottish Parliament yesterday

2 April, 2020

High Court rules that local authority’s reasons for refusing a Disabled Facilities Grant to provide a means of independent access to the applicant’s home were unlawful

McKeown, R (On the Application Of) v London Borough of Islington [2020] EWHC 779 (Admin)

31 March, 2020 Open access

Northern Ireland Government announces domestic rates freeze to assist households during coronavirus outbreak

Measure forms part of support for businesses and individuals in the Executive’s 2020/2021 Budget to recognise the impact of COVID-19

31 March, 2020 Open access

Government announces changes to ‘right to rent’ checks in response to coronavirus outbreak

New guidance confirms that checks can be carried out through video calls and that tenants can send scanned documents or a photo of documents rather than sending the originals

30 March, 2020 Open access

Coronavirus (Scotland) Bill will provide ‘important backstop’ to prevent evictions and relieve the financial pressure people may be facing

Constitution Secretary also says Bill will introduce ‘substantial additional emergency powers' to help the justice system, public services and the economy to cope

30 March, 2020 Open access

No social housing tenant in Northern Ireland will be evicted for non-payment of rent during coronavirus outbreak, Minister confirms

In addition, Housing Executive has implemented 'surge plan' to ensure safety of those in homeless accommodation settings

30 March, 2020

High Court considers prospects of success for a section 204 Housing Act 1996 appeal brought one day outside 21-day time limit

Gil v London Borough of Camden [2020] EWHC 735 (QB)

27 March, 2020 Open access

Government writes to local authorities in England asking that they support rough sleepers and other vulnerable homeless into appropriate accommodation by the end of the week

Minister for Local Government and Homelessness sets out a programme of actions designed to help reduce the impact of coronavirus (COVID-19) on people facing homelessness

27 March, 2020 Open access

Master of the Rolls and Lord Chancellor issue new Practice Direction on staying possession proceedings in response to coronavirus outbreak

Practice Direction confirms that all proceedings for possession, and proceedings seeking to enforce an order for possession by a warrant or writ of possession, are stayed for a period of 90 days from today

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