Housing news and case law

4 September, 2019

Government’s Help to Buy scheme ‘out of reach’ for those on typical incomes

Shelter says that, for those earning less than £40,000, the chance of benefiting from scheme is just one in 278

28 August, 2019

Government planning to allow people with shared ownership to increase stake in property by increments of one per cent of value

MHCLG also announces that it has 'closed a loophole' which stopped people buying property under Help to Buy from taking out mortgage of more than 25 years

27 August, 2019

Scottish Women’s Aid publishes good practice guide for social landlords aimed at reducing homelessness amongst women and children experiencing domestic abuse

New guidance challenges current policy of expecting women and children, rather than perpetrator, to leave their homes

22 August, 2019

Overcrowding in England reaches record level, with almost 100,000 more children living in overcrowded homes compared to a decade ago

New research finds 600,000 families, including 1.3 million children are stuck in overcrowded conditions

21 August, 2019

More than half a million children estimated to be homeless or at risk of homelessness in England

New report from Children’s Commissioner for England highlights stark contrast to official child homelessness figure of 124,000 in temporary accommodation

21 August, 2019

MPs call for revaluation of council tax bands to reflect current property values

Local services will continue to decline until government tackles £5 billion funding gap, says Housing, Communities and Local Government Committee

15 August, 2019

High Court considers whether leases granted by freehold building owners to themselves were ‘disposals by way of gifts to a member of the landlord's family’

[2019] EWHC 2203 (Ch)

12 August, 2019

Whether second claim for disrepair under a lease was permitted or was relitigation of the same action so that it was barred by defence of res judicata

[2019] EWHC 1229 (TCC)

8 August, 2019

Mortgage possession claims increase for fourth consecutive quarter following three year period of stability

Claims have increased by almost 40 per cent compared to same quarter in previous year

2 August, 2019

County Court does not have jurisdiction to determine allegations of discrimination in a statutory appeal brought under section 204 of the Housing Act 1996

[2019] EWCA Civ 1405

30 July, 2019

SHRC granted leave to intervene in legal challenge to Serco's lock change policy to evict asylum seekers

Case marks the first time the Commission has used its power to intervene in civil litigation

30 July, 2019

Where a landlord has failed to comply with the PSED, court should consider whether compliance would have made a difference to the decision to seek possession

[2019] EWCA Civ 1334

29 July, 2019

Claim for possession under section 15A of the Housing Act 1985 will be possible only if proceedings begun less than 12 months after 'relevant date' for purposes of section 15A(b)

[2019] EWCA Civ 1331

23 July, 2019

Court of Session rules that there is a statutory right of review against a decision refusing homelessness assistance on the basis of right to reside

[2019] CSOH 54

23 July, 2019

Call for evidence launched on Homelessness Reduction Act 2017

Veiws sought on impact of Act, what is working well and what may need to be adjusted

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Housing

Government’s Help to Buy scheme ‘out of reach’ for those on typical incomes

Shelter says that, for those earning less than £40,000, the chance of benefiting from scheme is just one in 278

Government planning to allow people with shared ownership to increase stake in property by increments of one per cent of value

Scottish Women’s Aid publishes good practice guide for social landlords aimed at reducing homelessness amongst women and children experiencing domestic abuse

Overcrowding in England reaches record level, with almost 100,000 more children living in overcrowded homes compared to a decade ago

More than half a million children estimated to be homeless or at risk of homelessness in England

MPs call for revaluation of council tax bands to reflect current property values

High Court considers whether leases granted by freehold building owners to themselves were ‘disposals by way of gifts to a member of the landlord's family’

[2019] EWHC 2203 (Ch)

Whether second claim for disrepair under a lease was permitted or was relitigation of the same action so that it was barred by defence of res judicata

Mortgage possession claims increase for fourth consecutive quarter following three year period of stability

County Court does not have jurisdiction to determine allegations of discrimination in a statutory appeal brought under section 204 of the Housing Act 1996

SHRC granted leave to intervene in legal challenge to Serco's lock change policy to evict asylum seekers

Where a landlord has failed to comply with the PSED, court should consider whether compliance would have made a difference to the decision to seek possession

Scottish Tribunals annual report highlights ‘substantial’ increase in Property Chamber tribunal applications

Number of households threatened with homelessness in Wales increased by 18 per cent in 2018/2019

Robert Jenrick appointed as new Secretary of State for Housing, Communities and Local Government

Number of cases coming into the formal remit of Housing Ombudsman Service has increased by 26 per cent over last year

Claim for possession under section 15A of the Housing Act 1985 will be possible only if proceedings begun less than 12 months after 'relevant date' for purposes of section 15A(b)

Court of Session rules that there is a statutory right of review against a decision refusing homelessness assistance on the basis of right to reside

Call for evidence launched on Homelessness Reduction Act 2017