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When everyone has a home

028 9024 5640: Housing & Debt Helpline for Northern Ireland

Legal

A local judge ordered an estate agent to return a tenant’s holding deposit once the agent decided not to proceed with the tenancy.  Housing Rights represented the tenant at small claims court.

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Private Tenancies, Practical tips, Legal

Applicants who wish to review or appeal a negative homelessness decision must observe certain time limits.  These limits are set out in the Housing (Northern Ireland) Order 1988 (as amended). Carmel Ferguson, solicitor with Housing Rights Service, discusses our recent successful case at the High Court, where we were granted leave to lodge an appeal outside of these time limits.

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Practical tips, Homelessness, Case law, Legal

Carmel Ferguson, Solicitor with Housing Rights, discusses a recent important Judicial Review taken against the London Borough of Southwark.  The JR, which was settled on the basis of a consent order, challenged the practices used by Southwark when approached by an applicant requesting housing assistance, claiming that these practices were unlawful.

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Homelessness, Case law, Legal

Supreme Court judges have criticised the benefit cap.  The Supreme Court found that the policy failed to comply with Article 3 (1) of the UN Convention on the Rights of the Child.  This article provides that “in all actions concerning children … the best interests of the child shall be a primary consideration”. 

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Benefits, Welfare Reform, Legal

Carmel Ferguson, Solicitor with Housing Rights Service, casts her eye over a recent Chancery case, Saverese v Fraser Homes Ltd 2014 [2015] NICh 2, where a tenant of a commercial lease took action against his landlord for

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Case law, Landlord, Legal
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An important question to be considered in respect of landlord and tenant law is whether a landlord can seek recovery of all the rent due under a tenancy i.e the remaining fixed term period, when a tenancy is brought to an end early.  As solicitor Chris McGrath explains, the landlord’s right to unpaid rent depends on how the tenancy ended.

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Money Matters, Private Tenancies, Case law, Landlord, Legal

Housing Rights Response to Scope of Legal Aid

Housing Rights believes that access to justice is paramount in any democracy.  The consultation paper sets out the cost of some of the areas which are proposed to be removed from Legal Aid and Advice (Green Form). Those areas which cover housing related issues, which HRS would be concerned with, amount to a small percentage of the overall Green Form expenditure. Despite it being a small proportion of the overall expenditure, removing such funding could have a devastating effect on the lives of people who potentially need this assistance. Therefore, we strongly feel that the funding of housing related cases should be protected.

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Policy, Equality, Legal

We've asked solicitor Chris McGrath to consider whether or not tenants are obliged to serve a notice to quit in order to bring a fixed term tenancy to an end.  

There are different methods a private tenancy can be brought to an end by the landlord or the tenant; these include

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Private Tenancies, Practical tips, Legal

The UK Supreme Court will hear a trio of cases between December 15 and 17 on the issue of which homeless applicants are deemed to be vulnerable, and entitled to assistance, by warrant of this vulnerability.   This hearing has been deemed the most important case on homelessness in decades. 

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Outside NI, Homelessness, Legal

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