Council managing its premises is not providing a service for Equality Act 2010 purposes.
Nearly Legal
by Giles Peaker
1w ago
FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin) This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs. The key threshold issue was whether RBKC were providing a service or public function, for the purposes of Part 3 Equality Act 2010, or whether they were managing or controlling let premises within the meaning of Part 4 Equality Act. The distinction was vital because while Part 3   ..read more
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Job Ad – Birmingham
Nearly Legal
by Giles Peaker
1w ago
The Community Law Partnership Housing Solicitor/Caseworker to join our busy and friendly team in our Birmingham City Centre office. Full or part time. Hybrid working available. Work involves legally aided litigation in High Court (JR) and County Court (Homeless Appeals, Possession Proceedings) for homeless people, tenants, and others in housing need. More information and application forms at: https://www.communitylawpartnership.co.uk/noticeboard/vacancies The post Job Ad – Birmingham appeared first on Nearly Legal: Housing Law News and Comment ..read more
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Reforming Renters (Reform) Bill – ‘pragmatic’ intrusiveness
Nearly Legal
by Giles Peaker
2w ago
The row about the apparent govt amendments to the Renters (Reform) Bill goes on, principally about the proposed initial 6 month term in which the tenant could not give notice (although also, obviously, about the unspecified delay in introduction of the ban on section 21 for an unspecified period pending a report on the courts’ ability to cope). Ben Beadle, Chief Exec of the National Residential Landlords Association responded to one such criticism on twitter (‘X’) It is incorrect to suggest that #tenants will be locked into dangerous properties with proposed changes to the #RentersReformBill ..read more
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The Lowe down.
Nearly Legal
by Giles Peaker
3w ago
Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch) A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met. Mr Lowe appealed just about everything. i) Was the prescribed information given in full? The first issue was that the prescribed information given in September 2010 referred to a clause 6 of the tenancy agreement (fo ..read more
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Job Ads – Cardiff & Rhyl
Nearly Legal
by Giles Peaker
3w ago
Shelter Cymru Housing Law Caseworkers (Gwent) Cardiff office 35 hours per week – £26,862 per annum 17.5 hours per week – £13,431 per annum An exciting opportunity has now arisen at Shelter Cymru for two Housing Law Caseworkers to join our experienced Housing Service Gwent team based in Cardiff. Want to work for Shelter Cymru? Home is everything and we exist to defend the right to a safe home in Wales. We are looking for passionate, driven and dedicted individuals to be a caseworker in the South East Wales region which covers Newport, Caerphilly, Torfaen, Monmouthshire and Blaenau Gwent. We are ..read more
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News bits – Renters (Reform) Bill ‘reformed’, HHJ Luba KC retirement.
Nearly Legal
by Giles Peaker
3w ago
The disappearance of the Renters (Reform) Bill from the parliamentary timetable has been the subject of much speculation, with reports of it being held hostage by Tory backbenchers demanding landlord friendly changes, and the prospect of the Bill being lost. But it is now being reported that the Bill is back, albeit with the prospect of amendments that give the backbenchers pretty much what they wanted. A letter from Gove to Tory MPS has been circulated on the social media app formerly known as Twitter. BREAK: Michael Gove has caved to Tory landlord backbenchers and watered down the Renters R ..read more
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Unfitness for human habitation quantum – 100% again
Nearly Legal
by Giles Peaker
1M ago
Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch) Our grateful thanks to Garden Court Chambers for details of this judgment on a housing conditions counterclaim to a claim for possession. We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a sec ..read more
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Job ads – Swansea and Cardiff
Nearly Legal
by Giles Peaker
1M ago
Shelter Cymru SC715 Team Leader (Cardiff, Vale and Valleys) Cardiff Office 35 hours per week £30,660 per annum An exciting opportunity has now arisen within our Housing Services team in South Wales for a Team Leader.  The post holder will have direct line management responsibility for all Housing Law Caseworkers who are delivering face-to-face housing advice services to the Cardiff, Vale and Valleys  region, which covers Cardiff, the Vale of Glamorgan, RCT, Merthyr Tydfil and south Powys. Employees are provided with an office base and this role will be based out of Cardiff. For an in ..read more
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Suitability, disability discrimination and dogs – temporary accommodation
Nearly Legal
by Giles Peaker
1M ago
AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin) This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people. AB and CD had applied to Westminster as homeless after fleeing ‘cuckooing’ of their accommodation by a particularly dangerous criminal gang in Town X. (The police in Town X had ongoing concerns for the safety of AB and CD if identified, so the judgment anonymises these ..read more
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Job ads – Camden/Newham
Nearly Legal
by Giles Peaker
1M ago
Mary Ward Legal Centre Solicitor Are you lawyer with a passion for tackling the injustice of our housing system? Do you want to be part of an organisation that shares your values of fighting for access to justice and changing lives? Mary Ward Legal Centre is a unique pan-London legal advice provider, renowned for providing high quality legal advice, We are looking for an experienced Housing Solicitor to join our friendly and committed team and to contribute to life changing outcomes for our clients. You will be joining us at an exciting time of growth as we now have a brand-new office in Newha ..read more
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