Empty

Total: £0.00

 Mailing ListTwitterFacebook  YouTube

When everyone has a home

028 9024 5640: Housing & Debt Helpline for Northern Ireland

Legal

The High Court in England and Wales has recently heard a challenge relating to Universal Credit assessment periods. Joined claims from CPAG and Leigh Day solicitors were heard by the court on the 27 and 28 November. 

Tagged In

Benefits, Outside NI, Welfare Reform, Legal

Our helpline has fielded lots of calls in recent weeks relating to unlawful evictions. In many of these cases, the landlord had furnished the tenant with a “licence” agreement, rather than a tenancy agreement. However, the fact that a person’s contract refers to them as a licensee does not override the facts of the matter. If, on investigation, it is established that a tenancy in fact exists the landlord must follow the correct legal process to recover possession of the dwelling.

Tagged In

Private Tenancies, Practical tips, Legal

The case of Anon v LB Lewisham clarifies that the standard of suitability of accommodation is not lower for temporary accommodation, and there is no distinct category of ‘temporary accommodation’ in the relevant legislation. A reviewing officer cannot use a lower threshold of suitability for temporary accommodation than more permanent accommodation.

Tagged In

Outside NI, Homelessness, Legal

The Court of Appeal for England & Wales has found that a local authority failed to comply with its Public Sector Equality Duty and erred in its decision that an applicant for homelessness assistance was not homeless because it was reasonable to expect her to remain in her home. Victoria Taylor, a recent Queen's University Graduate who is currently undertaking an LLM in Human Rights and Criminal Justice and volunteering with Housing Rights, discusses the case. 

Tagged In

Homelessness, Case law, Legal

The Department for Communities has issued guidance on the effect of a recent upper tribunal decision concerning the meaning of the phrase “A person is responsible for a child or qualifying young person who normally lives with them”, which appears in the Universal Credit legislation.

Tagged In

Benefits, Practical tips, Case law, Legal
Image of housing benefit application form and electricity meter cards

The UK Upper Tribunal has found that a First Tier Tribunal erred in law by deciding that a person who sold his former home and rented it back could not receive Housing Benefit. In an important decision, the court ruled that the test of whether someone could continue to occupy their home without relinquishing ownership is one of practical compulsion, rather than legal compulsion and does not necessitate that the lender has started legal action to recover possession of the property.

Tagged In

Benefits, Practical tips, Affordability, Legal

Carmel Ferguson LLB, discusses how Housing Rights successfully helped a client who was being evicted from his home by getting his tenancy declared as protected.

Practitioners will be aware that since the implementation of the Private Tenancies (Northern Ireland) Order 2006, no new protected tenancies can be created.

Tagged In

Practical tips, Case law, Legal
As from the 8th January 2018 the rules concerning judicial review procedure have changed. On this date The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2017 became operative and omitted reference to ‘promptly and in any event.’ 
 

The impact of this change

Tagged In

Regulation, Case law, Legal
""

Tenancy legislation provides people with vital protection against homelessness, by legislating against harassment and unlawful eviction and ensuring that certain rights are enshrined in law. Some agents have tried to circumvent these protections by issuing tenants with “licence agreements”, which purport to diminish the tenant’s legal status.

Tagged In

Private Tenancies, Legal

The Child Poverty Action Group successfully argued that the Department for Work and Pensions should not refuse claimants access to an appeal tribunal if they had failed to request a mandatory reconsideration of a benefit decision within a four-week time frame.

Tagged In

Benefits, Welfare Reform, Case law, Legal

Pages

Subscribe to Legal