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…
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…
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…
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…
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…
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…
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"…
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…
22 Nov 2018
Job Description Jennifer Hankinson is an associate who specialises in housing and regeneration property law and she heads up the Housing & Regeneration (Property) Development team here at Forbes. Jennifer is experienced in a wide variety of areas of property work in the housing and regeneration…
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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