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Private Client Update 14

Landlord loses dispute over licensing and planning permission

A landlord has lost a dispute with his local housing authority over the licensing of two of his properties that had been renovated without planning permission.

The issue arose out of Part 3 of the Housing Act 2004, which provided for the selective licensing by local housing authorities of private-sector housing in particular areas.

In 2014, the local authority introduced a borough-wide selective-licensing scheme.

The landlord converted two properties into flats without obtaining planning permission. He then applied to the local authority for a Pt 3 licence for those flats. In the case of both properties, the local authority granted a licence for a period of one year only with the intention that during that period the planning status of the flats should be regularised.

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Mother sacked because of disabled daughter awarded £18,886

A mother who was sacked because her employers felt that caring for her daughter was more important to her than her job has been awarded £18,886 in compensation. 

Maria McKeith started working part-time for the Ardoyne Association in Northern Ireland in 2010 while also acting as primary carer for her daughter. She was dismissed in 2015.  

The Employment Tribunal found that the dismissal was unfair under the Disability Discrimination Act and that the association "did not put forward any convincing or coherent explanation for its decision". 

It said that her managers took the view that because she “had a disabled child, her position was not properly in the workplace. Her daughter was her priority”.

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How lasting powers of attorney can help protect your future

The recent Dementia Awareness Week, organised by the Alzheimer’s Society, put the spotlight on the challenges we face as we live longer lives and encounter the illnesses associated with old age.

A study published by the journal, BMC Medicine, showed that the number of people who die from dementia is set to almost quadruple in the next 20 years.

The study analysed mortality statistics for England and Wales from 2006 to 2014.

By 2040, it is estimated 219,409 people in England and Wales will die from dementia - a significant rise from 59,199 in 2014. 

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Injured passengers win right to claim against uninsured driver

Three people who were injured in a road accident while travelling in a car with an uninsured driver have won the right to claim compensation.

The three passengers suffered serious injuries and claimed compensation from the driver who was at fault for the accident. As he had no insurance and no means of paying, the claims were passed on to the Motor Insurers’ Bureau (MIB), which can compensate victims in cases like this.

However, the MIB said it was not liable because the passengers knew the driver and therefore knew, or should have known, that he had no insurance. It claimed the passengers turned a “blind eye” to the fact that the driver had previous driving disqualifications.

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