Housing news and case law

8 June, 2022

House of Lords votes in favour of motion regretting that regulations amending immigration provisions in relation to employment and housing do not allow for physical proof of immigration status

While government says that the move towards digital is 'justified and proportionate', peers vote in favour of motion by 159 to 95

1 June, 2022 Open access

Eligibility for housing and homelessness assistance for people who have limited leave to remain granted under the Ukraine Scheme Appendix to the Immigration Rules following application made in UK

New statutory instrument

1 June, 2022 Open access

Suspension of provisions that enable students in Scotland to bring a student residential tenancy to an end for a reason relating to coronavirus

New statutory instrument

1 June, 2022

Round-up of recent Upper Tribunal housing case law

31 May, 2022

Government confirms intention to launch new Housing Loss Prevention Advice Service in place of the Housing Possession Court Duty Scheme

MoJ outlines new approach to the delivery of legal aid for housing possession proceedings in England and Wales following consultation

31 May, 2022

High Court rules that housing association must give more than a ‘generic’ decision when refusing a management transfer on grounds of domestic abuse

TRX v Network Homes Limited [2022] EWHC 456 (Admin)

31 May, 2022

High Court of Northern Ireland considers whether refugees who left Syria several years ago suffered ‘recent trauma’ in their current accommodation to qualify for additional points under Housing Executive allocation scheme

Swidani, Re Application for Judicial Review [2022] NIQB 17

31 May, 2022

Implementation of Renting Homes (Wales) Act 2016 delayed until 1 December 2022

Minister says that this will allow more time for landlords to complete preparations for changes which include a minimum twelve month contracts for renters and an increase in the notice period for 'no fault evictions'

26 May, 2022

Almost half of private landlords have limited awareness of, or engagement with, legislation and good practice

However, new research from DLUHC finds that overall compliance is unrelated to the number of years experience as a landlord

26 May, 2022

Housing Ombudsman makes finding of severe maladministration as a result of substantial delays in Hackney Council dealing with damp, mould and leaks at a resident’s property

Ombudsman also finds maladministration in relation to council's handling of the complaint and £60 compensation offer, making recommendations including to pay the resident an increased award of £1,500

25 May, 2022

High Court rules that a council housing applicant cannot be said to have caused their own statutory overcrowding by a ‘deliberate act’ if they lacked the funds to afford more suitable housing

Roman, R (On the Application Of) v London Borough of Southwark [2022] EWHC 1232

25 May, 2022

Increase in number of days that property is available for letting before being prevented from counting as a domestic property for purposes of council tax in Wales

New statutory instrument

24 May, 2022

Housing Secretary intends to take a ‘personal and direct interest’ in Clarion Housing’s approach to housing standards and management following recent findings of maladministration by Housing Ombudsman

Michael Gove says he is deeply disappointed that Clarion, as one of the largest housing associations in the UK, has not been able to meet fundamental standards

19 May, 2022 Open access

High Court rules that London Borough of Lambeth’s failure to properly consider Everyone In policy in refusing to accommodate woman with no recourse to public funds made decision unlawful

R(Cort) v London Borough of Lambeth [2022] EWHC 1085 (Admin)

19 May, 2022

Government’s quarterly possession statistics show private landlord ‘no-fault’ accelerated possession claims are at their highest level since 2018

Responding to the figures, Shelter warns that more landlords are kicking tenants out of their homes just as the cost of living crisis rages, and calls on government to scrap section 21 evictions now 'as every minute wasted puts another renter at risk’

19 May, 2022

Council found at fault for leaving a family including a child with disabilities without home adaptations they needed because of confusion around who was responsible for the work

Ombudsman reminds all councils administering Disabled Facilities Grants that they need to ensure their processes are transparent and accountable

18 May, 2022

Court of Appeal upholds High Court ruling that a local authority has no power to accept a late review of its decision not to grant another tenancy on the expiry of the fixed term of a flexible tenancy

Kalonga, R (On the Application Of) v London Borough of Croydon [2022] EWCA Civ 670

16 May, 2022

High Court rules that a property must be incapable of occupation for its intended purpose in order to cease to be a hereditament for council tax purposes

Bunyan (Listing Officer) v Patel [2022] EWHC 1143 (Admin)

16 May, 2022

High Court rules that eviction and sale of claimant’s leasehold home is ‘null and void’ as a result of enforcement action taken in breach of conditions under mental health crisis moratorium

Lees v Kaye [2022] EWHC 1151 (QB)

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