Latest Legal Articles from Forbes Solicitors

Housing & Regeneration

Ignore Covenants at your Peril

17 Jan 2019

Those dealing with the development of land for housing should take note of the recent case of The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 (LC), in which the Court of Appeal (CoA) refused to allow the modification of restrictive covenants…

Possession Trial success for Anti-Social Behaviour team

17 Jan 2019

Forbes' ASB team were victorious in the County Court this week with our Housing Association client being granted an outright Possession Order and its legal costs by a High Court Judge, following a fully contested Trial. The Defendant tenant had been causing persistent anti-social behaviour…

Homes (Fitness for Human Habitation) Act 2018

17 Jan 2019

The Homes (Fitness for Human Habitation) Act 2018 will come into force on 20 March 2019 and have the effect of amending sections 8 and 10 of the Landlord and Tenant Act 1985 as well as inserting new sections 9A, 9B and 9C. Here is a brief overview of the Act and the changes that it will make to…

Assessing proportionality: Tenancy enforcement action and the Equality Act 2010

05 Dec 2018

We frequently receive cases where disabled tenants/occupiers are causing anti-social behaviour and the behaviour is linked in some way to their diagnosed, or suspected, medical condition. In these circumstances, the concern of the client is always what action can be taken to address the problems that…

CMA finds land agreement breached UK Competition law

27 Nov 2018

The Competition Markets Authority (CMA) has for the first time used its enforcement powers in respect of land agreement and has found that restrictions in it were anticompetitive and in breach of UK Competition law. Background UK Competition law prohibits: · agreements which…

Calling off the Cap - Housing Revenue Account

27 Nov 2018

The 29th of October 2018 marked a momentous occasion for social housing. It was on this date the wishes of many local authorities, housing associations and developers were granted as Theresa May fulfilled her pledge and officially abolished the Housing Revenue Account (HRA) borrowing cap. Prior to…

Tenant's son's succession appeal doesn't succeed

23 Nov 2018

Is the succession rule for secure tenants, under s87 and 88 of the Housing Act 1985 incompatible with the ECHR? On the 19th October 2011, the recent case of Haringey London Borough Council v Mulkhis Simawi [2018] EWHC 2733 (QB) challenged the court to reconsider the "single succession"…

Questions we have been asked this month

22 Nov 2018

Q. If the governing board receives an anonymous complaint about a head-teacher alleging inappropriate behaviour, what steps should the board take? A. If the anonymous complaint was made by a member of staff, then any whistleblowing policy that is in place may apply. Such a policy is likely…

Introducing ASB and varying existing possession orders

14 Nov 2018

The Forbes' Housing and Regeneration (Litigation) Team have recently been asked about what action our clients can take where there is an existing Suspended Possession Order ('SPO') in place for rent arrears but the tenant is now committing anti-social behaviour and/or further breaches of…

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17 Jan 2019

Housing & Regeneration

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Ignore Covenants at your Peril

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