Housing Law

Law And Order - Housing Law

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This area is well known to be a involved part of the English legal system and people often find that they must seek the aid of a good solicitor, in order for them to great understand their single position.

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Law And Order

Homelessness legislation is primarily intended to make a Local Authority's duty to house a homeless person. The law currently in use comes from Part Vii Housing Act 1996, as amended by the Homelessness Act 2002. In order for a man to make that a Local Authority has a full duty to house them, they will need to satisfy five tests.

The first test is whether or not they are of course eligible to make the application? In other words, are they a Uk citizen? The second test is to determine if they are legally classified as homeless? The third is if they have any priority need? If they are able to satisfy the first three tests, the Local Authority would have an immediate duty to place the applicant into interim accommodation. The Authority would then go on to think the final two tests of the application.

Test 4 is whether or not the applicant made themselves intentionally homeless and test 5 would be to make a local association with the Local Authority that they are applying to. This is a very basic summary of the tests, you would need to consult a Solicitor for more applicable information, which is relevant to your circumstances.

If all five tests can be satisfied, the Local Authority would have a duty to provide the applicant with permanent and located accommodation. If the applicant disagreed with any decision, that the Authority had made, they would be able to make what is known as a section 202 appeal. Again, a Solicitor would need to help an appellant with this.

Housing law also extends to issues such as safety of tenure and possession action. safety of tenure refers to the estimate of safety a tenant would have in order for them to remain in their home. The higher the level of safety of tenure (e.g. A fetch tenant), the harder it would be for the landlord to legally evict them.

In addition to possession activity against tenants, housing law covers possession activity that may be taken against owner occupied properties. In other words, mortgage possession cases. As with all possession proceedings, there is always a very definite process that must be followed, in order for an occupant to be legally evicted from their property. Any deviation from the legal course may be construed as an illegal eviction, which is a criminal offence.

If you were to face possession action, you should seek help from a good Solicitor right away. Many people come to be exceptionally scared by such activity and end up burying their head in the sand. In such situations, it is imperative that you do not leave things until it is too late, seek help sooner rather than later.

Housing law also covers issues of disrepair with properties. It aims to identify who will be eligible for single repairs. New hazard risk estimate legislation has been introduced in this area recently and this ordinarily covers non Local Authority properties. As the duties are discharged straight through the Environmental health Department, of the Local Authority, the legislation would not appear to be as helpful to Council tenants, for fear of treading on each other's toes.

Anti-social behaviour is becoming an increasingly prominent aspect of housing law. There are a estimate of things that a man could do, if they are suffering from anti-social behaviour/harassment. Local Authority's seem to hold the most power in this regard, with the Police not getting particularly involved until the matters escalate to criminal activity. Again, you should touch a Solicitor to find out what can be done, if you are suffering.

As many of the issues of housing law can have such a profound supervene on people's lives, it is not surprising that a lot of Solicitor's time will be taken up by people seeking advice in this area. A good housing law solicitor is of course crucial, as it can of course mean the inequity between a man remaining within their home or being evicted and a homeless man securing chamber straight through their Local Authority or ending up sleeping rough on the streets.

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