Housing news and case law

28 October, 2022

Cost of Living (Tenant Protection) (Scotland) Bill receives Royal Assent

New legislation includes provisions to temporarily freeze rents and prevent eviction action being enforced

28 October, 2022

Modification of prescribed forms that landlords are required to serve on tenants when seeking to end a tenancy to reflect temporary changes under Cost of Living (Tenant Protection) (Scotland) Act 2022

New statutory instrument

28 October, 2022

Delegation of functions of a judicial nature to legal officers in the Property Chamber

Senior President of Tribunals issues Practice Statement authorising legal officers to make all decisions that a judge may make, save for those which are 'substantive final decisions'

28 October, 2022

High Court of Northern Ireland holds that Housing Executive's refusal to allow claimant's application for 'intimidation' points under allocation scheme was unlawful for its failure to properly consider the legal threshold of ‘serious and imminent risk’

Thompson, Re Application for Judicial Review [2022] NIKB 17

27 October, 2022

Current system of exempt accommodation is a ‘complete mess’, say MPs

Select Committee calls on government to 'get a grip' on the vast sums it is paying out without effective oversight

27 October, 2022

More than 100,000 people have arrived in the UK under the Homes for Ukraine scheme

Updated government figures highlight that an additional 20,000 people have arrived under the scheme since early August 2022

25 October, 2022

Correction of minor technical and typographical errors in secondary legislation relating to the coming into force of the Renting Homes (Wales) Act 2016

New statutory instruments issued in Wales

24 October, 2022

Court of Appeal holds that question of whether the appellant’s accommodation was overcrowded cannot be decided by reference to the whole of the HMO property in which she was living and of which her accommodation formed part

Rowe v London Borough of Haringey [2022] EWCA Civ 1370

24 October, 2022

Court of Appeal rules that service of a section 166 notice to require ground rent to be payable is not ‘attending to the collection of rents’

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375

24 October, 2022

Housing Ombudsman calls for Decent Homes Standard to be revised to fully reflect housing conditions that can result in residents experiencing noise nuisance

New report on noise complaints also recommends a proactive good neighbourhood management policy, distinct from ASB policies, to improve social landlords' handling of complaints

21 October, 2022

Scottish Government publishes annual report on progress towards implementing Ending Homelessness Together action plan

While Scotland is seeing a declining trend in repeat homelessness and the number of people sleeping rough, Cabinet Secretary says that efforts still need to be 'stepped up' in other areas, in particular in reducing use of temporary accommodation

20 October, 2022

Court of Appeal rules that a council had not discharged main housing duty under section 193(2) of the Housing Act 1996 by making a private rented sector offer on account of multiple procedural failures

Norton v London Borough of Haringey [2022] EWCA Civ 1340

20 October, 2022

Housing Ombudsman makes finding of severe maladministration in relation to landlord’s handling of complaint from shared owners about defects in new build house

Ombudsman also instigates wider investigation into Catalyst Housing Limited's complaint handling in light of other cases raising similar issues

20 October, 2022

Addition of ‘street homeless’ to categories of person in priority need for purposes of Housing (Wales) Act 2014

New statutory instrument

13 October, 2022

Housing Ombudsman makes two findings of severe maladministration in relation to landlord’s failings in handling a resident’s complaint about damp and mould

Onward Homes ordered to pay compensation of £2,175 and consider moving the resident, or offering a rent reduction, until the windows are replaced if the property is found to be uninhabitable

10 October, 2022

Department for Levelling Up issues pre-action warning in first case to encourage a tower block owner to commit to starting remedial works or be forced to by the courts

Freeholder of 15-storey block given 21-day warning as next step in using new powers to ensure action on building safety

10 October, 2022

Housing Ombudsman issues special report on Clarion Housing following further investigation of its responses to recent complaints

Decision taken to use powers to undertake thematic investigation after 13 cases involving damp and mould or pest infestations determined by Ombudsman in first six months of 2022

7 October, 2022

Cost of Living (Tenant Protection) (Scotland) Bill passed by Scottish Parliament

MSPs vote by 89 to 27 in favour of emergency legislation to freeze rents and prevent evictions until at least 31 March 2023

6 October, 2022

Almost 2,000 Ukrainian households found to be owed statutory homelessness duty in England

New DLUHC figures for period from 24 February to 23 September 2022 also show that two-thirds of households were owed a duty because accommodation arrangements had broken down

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