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Dealing with Hoarding during the Coronavirus crisis

There has been some focus on the effects of anti-social behaviour upon neighbours but what about cases such as hoarding where the main person affected is the hoarder themselves and the property? Anna Bennett looks at the options. Read more
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  NEWS

May 12, 2021

High Court issues key ruling on "Traveller Injunctions" and "persons unknown", criticises suspected procedural breaches and abuse of court procedures in applications for interim orders

There are grounds to suspect that, in a significant number of applications by local authorities for interim injunctions against “Persons Unknown” targeting unauthorised encampments on land, there were material and serious breaches of the procedural requirements and the procedures of the Court – and the Interim Applications Court of the Queen’s Bench Division (Court 37) in particular – have been…
Apr 30, 2021

Councils to be under new legal duty to provide support to victims as Domestic Abuse Bill receives Royal Assent

Councils will from this summer have a legal duty to provide support such as therapy, advocacy and counselling in safe accommodation, including refuges, to victims of domestic abuse and their children, after the Domestic Abuse Bill this week (29 April) received Royal Assent.
Apr 14, 2021

Landlord ordered to pay £90k+ for safety failings

A prosecution brought by Welwyn Hatfield Borough Council has seen a landlord and his management company ordered to pay more than £90,000 in fines and legal costs over safety failings.
Mar 24, 2021

Public Accounts Committee warns of “huge backlogs” in courts, justice system under “unprecedented pressure”

The Ministry of Justice "faces significant risks across the full range of its services, without a clear sense of prioritisation" and huge backlogs that have built up are causing "unacceptably long waiting times for people to access justice", the Public Accounts Committee has said.
Mar 17, 2021

Government to make combined authority mayors, Mayor of London and Police and Crime Commissioner elections ‘first past the post’, look to mandate transfer of fire and rescue functions to PCCs

The Government is to change the voting system for all Combined Authority Mayors, the Mayor of London and Police and Crime Commissioners (PCCs) to ‘First Past the Post’, the Home Secretary has announced this week.
Mar 15, 2021

High Court judge finds councils have power during pandemic to accommodate rough sleepers with no recourse to public funds

Local authorities have powers during the Covid pandemic to provide accommodation for rough sleepers with no recourse to public funds (NRPF), a High Court judge has ruled.
Mar 11, 2021

Council settles challenge over placing of women fleeing domestic abuse in accommodation shared with men

A London borough has settled a legal challenge over the placing of homeless women fleeing domestic abuse in accommodation shared with men.
Mar 11, 2021

Councils and other public bodies to be put under legal duty to share data and intelligence in cases of serious violence

A new legal duty is to be imposed on local authorities, the police, criminal justice agencies, health and fire and rescue services to share data and intelligence in cases concerning serious violence.
Mar 09, 2021

Housing Ombudsman starts publishing its investigation reports on individual cases

The Housing Ombudsman has started publishing all decisions on cases investigated, which it described as “a major step in increasing its transparency”.
Mar 05, 2021

Council takes legal action against housing associations over standard of homes

Lambeth Council is taking legal action against three housing associations after an internal report claimed they had failed to keep homes up to standard.

  FEATURES AND ANALYSIS

March 02, 2021

Providing information about anti-social behaviour

In the light of a recent case Melanie Dirom considers a landlord’s duty of care to provide anti-social behaviour and complaints information.
February 05, 2021

Data-sharing safeguards: no ‘micro-managing’

Robin Hopkins looks at the lessons to be learned from an important Court of Appeal ruling on data-sharing, in a case involving the arrangements between a police force and a local crime reduction partnership.
December 22, 2020

New local authority Covid enforcement powers

Gary Grant analyses the new enforcement tools that allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
December 11, 2020

Coronavirus restrictions and interim steps appeals

Birmingham Magistrates’ Court has this week (10 December 2020) dismissed appeals against interim steps taken by Birmingham City Council on summary reviews of two premises licences that arose out of trading in breach of restrictions imposed on the hospitality sector as part of the response to the Coronavirus pandemic. Charles Holland explains why.
November 20, 2020

Local authority powers to obtain injunctions

The Court of Appeal has upheld the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972. Alexander Campbell looks at the lessons to be learned.
November 04, 2020

The Lockdown 2 Regulations

Gary Grant and Charles Holland summarise the key points from the regulations implementing the latest national lockdown.
October 19, 2020

The 3-Tier Covid Regulations: Impact on Licensed Premises

Gary Grant and Charles Holland summarise the new system brought in through the 3-Tier Covid Regulations and focus on its impact on licensed premises.
September 29, 2020

PSPOs - a vital tool for tackling anti-social behaviour

Kuljit Bhogal outlines the uses of Public Space Protection Orders for tackling drinking and other issues in public spaces.

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  MORE NEWS

Feb 25, 2021

Landlords win appeals over "unfair" FTT proceedings where - in absence of hearing - criminal offences found to have been committed

Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).
Feb 24, 2021

Court fines for fly-tipping up a third in 2019/20: Defra

The number of court fines issued for fly-tipping in England increased 30% in 2019/20 from 2,056 to 2,671, the Government’s annual statistics have revealed.
Feb 24, 2021

Prosecution led by city council sees fly-tipper jailed for 13 months

A fly-tipper prosecuted by Birmingham City Council has been jailed for 13 months after pleading guilty to waste offences and breaches of consumer protection legislation.
Feb 24, 2021

Judges overturn conviction for refusal to give name and address in case of suspected Covid regulations breach

The Administrative Court has ruled that a man was entitled to refuse to give his name and address to a police officer who wanted to issue a fixed penalty notice for breach of lockdown regulations.
Feb 22, 2021

Council defeats legal challenge to introduction of detailed emergency planning zone around nuclear weapons site

West Berkshire Council has defeated a judicial review challenge brought by developers in relation to the designation of a 'detailed emergency planning zone' around an atomic weapons establishment.
Feb 16, 2021

West Midlands Police raid workshop turned nightclub with “Covid Arms” sign

West Midlands Police raided a workshop in Birmingham in the early hours of Sunday that had been turned into a nightclub complete with a sign on the wall saying ‘The Covid Arms’.
Feb 09, 2021

Council publishes summary decision behind suspension of premises licence for restaurant that hosted Rita Ora birthday party during lockdown

The Royal Borough of Kensington & Chelsea has issued its summary decision that saw a six-week suspension of the premises licence for the restaurant in Notting Hill where Rita Ora held a birthday party for 17 persons during the second national lockdown and in breach of Coronavirus regulations.
Feb 03, 2021

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings

Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.
Jan 28, 2021

Two men given £10,000 fines over snowball fight in Leeds

Two men involved in organising a mass snowball fight in Leeds in breach of coronavirus restrictions have each been given £10,000 fines.
Jan 27, 2021

Rogue landlord ordered to pay nearly £10k after continuing to rent out unlicensed converted bank vault

A landlord has been ordered to pay more than £9,400 after he continued to let a flat – a former bank vault – which inspectors had classed as illegal and dangerous.
Jan 26, 2021

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station

A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.
Jan 22, 2021

Organiser of wedding attended by 400 people to be considered for £10,000 COVID breach fine

The organiser of a wedding in north London is facing a £10,000 fine after police found hundreds of people packed together in breach of Covid regulations.
Jan 21, 2021

Police force wins appeal over sharing of information about teenager with local crime reduction partnership

A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.
Jan 13, 2021

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices

The Court of Appeal has rejected a company director's appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.
Dec 07, 2020

Government issues guidance on three new notices local authorities can issue against premises breaching COVID-secure rules

The Department for Health & Social Care has published guidance on the additional powers that came into force last week (2 December) and which allow local authorities in England to take action against premises that do not comply with COVID-secure rules.
Nov 25, 2020

Failure to comply with planning enforcement notice sees landlord ordered to pay £260k

A landlord who pleaded guilty to two offences of failing to comply with a planning enforcement notice has been handed a confiscation order of nearly £260,000.
Nov 11, 2020

Court of Appeal says car cruising was "classic case for the grant of an injunction"

The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).
Nov 10, 2020

Civil Procedure Rules to be amended so that district judges can hear breaches of Anti-Social Behaviour Injunctions

The Civil Procedure Rules are to be amended “to correct three unintended effects” of changes that came into force at the beginning of October.
Nov 06, 2020

Court of Appeal rejects challenge to £31m decision by city council to retrofit sprinklers to tower blocks after Grenfell

Birmingham City Council has defeated a Court of Appeal challenge over whether it failed to take account of legally relevant matters when on 24 May 2018 it confirmed its decision to retrofit sprinklers in its tower blocks following the fire at Grenfell Tower in London.
Nov 06, 2020

Police arrest gym owner on suspicion of breaching COVID lockdown regulations, council issues venue with prohibition notice

Essex Police have arrested a gym owner in Harlow on suspicion of breaching coronavirus legislation.
Nov 05, 2020

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case

A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.
Oct 30, 2020

Council serves Community Protection Notice on major retailer for failing to enforce mask wearing in store

A London borough has issued a Community Protection Notice to all B&M stores in its borough for failing to enforce the wearing of face coverings despite having received a Community Protection Warning Notice last month.
Oct 20, 2020

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions

Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.
Oct 15, 2020

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association

The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.
Oct 13, 2020

Individuals affected by Ealing abortion clinic PSPO look to take case to European Court of Human Rights

Two individuals affected by the imposition of a Public Spaces Protection Order (PSPO), which created a "buffer zone" around an abortion clinic in Ealing, have appealed to the European Court of Human Rights, Landmark Chambers has reported.

  MORE FEATURES

September 17, 2020

Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED

Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
September 17, 2020

Emergency Services collaboration

Nathan East considers the PEEL report which looked into the successes and pitfalls of police-to-police collaboration.
September 15, 2020

The "Rule of 6" Coronavirus Regulations

Gary Grant sets out the key elements of the government's new 'Rule of 6' regulations.
September 03, 2020

Policing our privacy – where does the law lie?

David Mitchell analyses the Court of Appeal's recent ruling on the use of facial recognition technology by South Wales Police.
August 20, 2020

Anti-social behaviour, rough sleeping and injunctions

In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.
July 28, 2020

Stock Transfer RPs and the use of mandatory ground 7A

Yetunde Dania analyses a recent housing law case which, she says, will be a source of comfort to Large Scale Voluntary Transfer (LSVT) registered providers of social housing when they are seeking to recover possession based on ground 7A.
July 28, 2020

Upper Tribunal revisits "What is an HMO?"

It is vital that landlords, tenants and local authorities all understand when a property should properly be classed as a House in Multiple Occupation (“HMO”). Christopher Hoskins outlines a recent Upper Tribunal case which revisited this issue as it affects blocks of self-contained flats.
July 27, 2020

Statutory taxi and private hire vehicle standards

Philip Kolvin QC examines the statutory and philosophical underpinning of the Statutory Taxi and Private Hire Vehicle Standards, together with their implications for licensing regulation.
July 03, 2020

Breaches of PSPOs and reasonable belief

Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.
June 29, 2020

Disrepair during COVID-19

Victoria Curran looks at how to take a pragmatic and common sense approach to housing disrepair during the coronavirus pandemic.
May 28, 2020

Homelessness and domestic violence

Andy Lane and Rowan Clapp look at the likely impact of government proposals of support for survivors of domestic violence who are facing homelessness.
May 28, 2020

Recent developments in additional and selective licensing

Tara O'Leary discusses some of the implications of the COVID-19 emergency for licensing litigation and summarises several important decisions which have emerged during a very productive period at the courts and tribunals.
May 20, 2020

Pubs and the lockdown regulations

A pub licence has been revoked at a summary review hearing for breaking lockdown regulations. Gary Grant reports.
May 12, 2020

Locking down anti-social behaviour - an introduction to Public Spaces Protection Orders

In the third instalment of her series on community safety law during the lockdown, Kuljit Bhogal discusses Public Spaces Protection Orders.
May 11, 2020

Unlicensed HMOs and liability

A London borough recently successfully defended two claims for judicial review of decisions it made against directors of property companies operating, and owners of property, in its area. Simon Kiely, Aleksandra Wolek and Christos Paphiti explain how the ruling will help local authority housing departments and prosecutors.
May 07, 2020

Anti-social behaviour - powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This LexisNexis Local Government guidance note, produced in partnership with Hardwicke Chambers, provides comprehensive and up to date legal information covering the powers available to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014
May 01, 2020

Anti-social behaviour - powers to close premises under the Anti-Social Behaviour, Crime and Policing Act 2014

This Local Government guidance note from LexisNexis provides comprehensive and up to date legal information outlining the powers available to local authorities to close premises where anti-social behaviour is taking place.
April 29, 2020

Locking down anti-social behaviour - COVID-19 and Community Protection Notices

In this video, Kuljit Bhogal explains how Community Protection Notices, served under the powers found in the Anti-Social Behaviour, Crime and Policing Act 2014, could be used to tackle anti-social behaviour during the lockdown.
April 27, 2020

Civil financial penalties – how much is too much?

Howard Lederman considers the principles which apply to the amount of penalties local housing authorities can impose for relevant housing offences, following recent guidance by the Upper Tribunal.
April 27, 2020

Rent repayment orders by local authorities

Howard Lederman explores the consequences of procedural defects when local authorities seek rent repayment orders.