Housing news and case law

10 December, 2021

Law Commission recommends introduction of a new independent unified tribunal system for Wales

Commission confirms that its final report on devolved tribunals has been presented to the Senedd and it is now for the Welsh Government to decide whether and how to enact its recommendations

9 December, 2021

More than 700,000 households lived in overcrowded conditions in 2020/2021, according to English Housing Survey

New DLUHC report also finds that social housing sector had highest rate of overcrowding and lowest level of under-occupation

9 December, 2021

Time limits for the process that enables disabled people in Scotland to make adjustments to the common areas of their premises

New statutory instrument

8 December, 2021

Levelling Up Select Committee launches inquiry into exempt accommodation

Inquiry will address concerns on hearing media reports that neglectful landlords are 'pocketing taxpayer money' while failing to provide the support that their vulnerable tenants need

7 December, 2021

Welsh Government confirms plans for ‘ambitious package’ of council tax reforms

Minister advises consultation will take place next year on plans including revaluation, a review of the council tax reduction scheme, and an evaluation of discounts, disregards, exemptions and premiums

6 December, 2021

Court of Appeal considers the threshold for dealing with a defended possession claim by summary judgment under CPR Part 55.8

Global 100 Ltd v Laleva [2021] EWCA Civ 1835

2 December, 2021

Communities Minister launches consultation on proposals to increase the notice to quit period for tenants in Northern Ireland’s private rented sector

Responses to the consultation will help to inform the Private Tenancies Bill as it progresses and any future use of powers to lengthen notice periods contained in the Bill

1 December, 2021

ONS reports that there were almost 700 homeless deaths in England and Wales in 2020

However, statistics body highlights that the true number of deaths may be underestimated as the Everyone In scheme made it more difficult to identify homeless people from its mortality records

1 December, 2021

Creation of a new Local Taxation Chamber in the First-tier Tribunal in Scotland

New statutory instrument

30 November, 2021

Court of Appeal considers whether a person who left secure accommodation in Switzerland to move to England had acted in good faith for purposes of assessing intentional homelessness

Ciftci v London Borough of Haringey [2021] EWCA Civ 1772

30 November, 2021

Welsh Government launches Ending Homelessness Action Plan

Also announcing a £30 million funding pot over five years, Minister says that homelessness when it occurs should be ‘rare, brief and unrepeated’

30 November, 2021

Housing Ombudsman makes finding of severe maladministration after housing association failings led to resident experiencing further domestic abuse before becoming homeless

Anchor Hanover ordered to pay £3,500 compensation to resident for failures in relation to request for transfer after initial report of domestic violence

30 November, 2021

High Court dismisses argument that a domestic property does not constitute a chargeable ‘dwelling’ for council tax liability purposes unless it has a ‘business’ element

Doyle & Ors v Roberts (Listing Officer) [2021] EWHC 659 (Admin)

25 November, 2021

Ministry of Justice launches consultation on a new approach to the delivery of legal aid for housing possession proceedings

Proposals include remodelling of Housing Possession Court Duty Scheme to become new Housing Loss Prevention Advice Service, providing early legal advice before court as well as existing advice and representation at court

24 November, 2021

High Court rules that a second floor flat accessible only through a room-sized landing in the main house was a second dwelling for council tax valuation listing purposes

Salisbury & Anor v Valuation Tribunal Of England [2021] EWHC 3136 (Admin)

24 November, 2021

Draft legislation on licensing short-term lets laid before Scottish Parliament

Legislation requires local authorities to establish short-term letting scheme by October 2022, with existing hosts and operators to have until 1 April 2023 to apply for a licence

23 November, 2021

Court of Appeal rules that the presumption against 'time being of the essence' was displaced in the case of a landlord that served notice on a lessee to increase interim service charges outside the deadline set by the lease

Kensquare Ltd v Boakye [2021] EWCA Civ 1725

23 November, 2021

Pledge to introduce White Paper on right to adequate housing and fair rents among measures included in Welsh Government and Plaid Cymru Co-operation Agreement

Wide-ranging agreement will 'help secure a stable Senedd over the next three years, capable of delivering radical change and reform', says First Minister

19 November, 2021

Civil Justice Council consultation asks whether the landlord possession pre-action protocol should be extended to apply to possession claims brought by private landlords

Views also sought on options for reform across the range of pre-action protocols, including in relation to judicial review

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