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When everyone has a home

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Case law

A recent Northern Ireland Court of Appeal judgment, Argue V Northern Ireland Housing Executive Neutral [2016] NICA 18 (5 April 2016)  considers the provisions of the Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001.

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Social Tenancies, Private Tenancies, Case law, Landlord, Legal

The UK Supreme Court recently considered issues around eligibility of certain foreign nationals for certain benefits and housing assistance.

In Samin v Westminster City Council [2016] UKSC 1 the Supreme Court dismissed the appeal which sought to incorporate a proportionality requirement into the statutory test for eligibility, and to argue that the test itself was discriminatory under EU law.

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Minority Groups, Homelessness, Case law, Legal

The Northern Ireland High Court of Justice decision in The Woolwich v Boyd [2015] NICh 16 , issued by Mr Justice Deeny in the High Court Chancery Division, deals with the issue of the extent of the discretion of the court in an application for a stay on an order for possession of a home; and how this discretion is exercised.

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Repossession, Case law, Legal

Carmel Ferguson, Housing Rights solicitor, looks at the case of Samuels v Birmingham City Council, in which a homeless applicant challenged the local authority's decision that she was intentionally homeless because she had been evicted from a previous property due to rent arrears.  The original decision maker had felt that Ms Samuels's rent was affordable when compared with her income.

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Benefits, Homelessness, Case law, Legal

Back in 2013 the Department for Social Development (DSD) issued guidance (Memo 3/13) on allowing Local Housing Allowance (LHA) to be paid for an extra bedroom where a disabled child cannot share a bedroom with other children for medical reasons.

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Benefits, Private Tenancies, Practical tips, Case law

Carmel Ferguson, solicitor with Housing Rights, looks at a UK Court of Appeal cases which considered whether the value of a care facility resident's home could be disregarded if the resident's child intended to return to live in it at a later date.

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Case law, Legal

In a recent High Court case, Fernhill Properties v McCambridge [2015] NICh 9, the court decided that a purchaser of an apartment was not entitled to withdraw from the contract because the vendor had subsequently sold other apartments in the block to a housing association.

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Case law, 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

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