Issue 40 - 4th December 2006

Monday 4 December 2006

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Government Legislation

Last week

On 27 November 2006 the Government issued new guidance to local housing authorities applying for approval of selective licensing schemes, in respect of private rented housing, under the Housing Act 2004 (Parts 2 and 3). Click here for a copy:

On 28 November 2006 the Government published the Greater London Authority Bill which proposes an enhanced package of powers for the GLA - the Mayor of London and London Assembly. The Bill will give the Mayor a new lead role on housing for London. For a copy of the Bill click here:

On 29 November 2006 the Government published Planning Policy Statement 3: Housing (PPS3). This new guidance is intended to tackle obstacles in the current planning system which can mean that not enough suitable sites are available to deliver sufficient housing. Now councils will need to plan their housing strategies much further ahead and identify suitable sites more quickly to prevent unnecessary delays in the planning system. For a copy of the new guidance click here:

County courts have been issued with additional guidance about representation of social landlords in possession cases. The journal Inside Housing reported on 1 December 2006 that the Master of the Rolls had sent a briefing to district judges particularly relating to "rights of audience" of ALMO staff. For a copy of the news story click here:

 

Cases

R(Secretary of State) v Asylum Support Adjudicator [2006] EWHC 3059 (Admin), 30 November 2006.An Albanian national applied for NASS support with accommodation. That was refused on the ground that she was not an “asylum seeker.. She appealed. The chief asylum support adjudicator held that her adjudicators had jurisdiction to entertain an appeal on that issue. The judge dismissed an application for judicial review of her decision brought by the Secretary of State. If the applicant for NASS support was not an asylum seeker she would not qualify but whether she was an “asylum seeker. was an issue of fact that an adjudicator could resolve on appeal. For the transcript click here:

R (W) v Secretary of State for the Home Department [2006] All ER (D) 392 (Nov), 29 November 2006. The claimant, a failed asylum seeker, was provided with accommodation and subsistence payments by the Secretary of State under section 4 Immigration & Asylum Act 1999 (“hard cases. support). She needed clothing and challenged the failure to provide it. The judge dismissed an application for judicial review. Section 4 did not empower the provision of clothing.

 

Events: This week

4 December 2006 Housing Allocation and Homelessness A Jordan Publishing Seminar. London.
For details click here

5 December 2006. Tackling Anti Social Behaviour. A Northern Housing Consortium Conference. Harrogate.
For details click here 

6 December 2006. Residential Landlord & Tenant. Professional Conferences. London.
For details click here

7 and 8 December 2006. Housing Management Conference. Lime Legal. London and Manchester.
For details click here 

8 December 2006. Social Housing Law Association. Annual Conference. London.
For details click here  

Events: Next Week

13 December 2006. Housing Law Practitioners Association. Annual Conference. London For details click here:

15 December 2006. Social Housing Law in Northern Ireland. Lime Legal. Belfast. For details click here:

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