Archived Legal Articles from 2008

Housing & Regeneration


Case finds council is liable for ALMO staff


An Employment Tribunal has found that Leeds City Council was vicariously liable for the actions of its arm's-length management organisation (AMLO) after one of its employees claimed racial discrimination. Mr Woodhouse had originally been an employee of Leeds City Council. The council then set up 6…

Forbes ranks high in Legal 500


Leading North-West law firm Forbes Solicitors has performed strongly in the latest UK Legal 500 Guide to the Legal Profession. The firm is recommended in ten separate categories that include Corporate and Commercial, Crime, Commercial Litigation, Employment, Defendant Insurer, Commercial Property,…

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R (Weaver) v London & Quadrant Housing Trust


Housing Association independence thrown into question after tenants secure access to Judicial Review The recent case of R (Weaver) v London & Quadrant Housing Trust has provided guidance on when a Registered Social Landlord is to be considered as a Public Body. Here, the administrative court had to…

Sentencing for breach of injunction - what can you look to rely on?


One of the questions that we are regularly asked by clients is to comment on the potential longevity of custodial sentences where a tenant breaches the terms of an ASBI. It is always important to consider the severity of the individual circumstances of the case and form a view on this basis. It is…

Rebecca Richardson v Midland Heart Limited


Landlord entitled to possession of shared ownership property on grounds of non-payment of rent The facts In 1995 the claimant, Ms Richardson, acquired a 99 year shared ownership lease of a property from Midland Heart Limited and paid half its then market value. The lease required Ms Richardson to pay…

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McCann v UK - A new emphasis on fairness


Tenants' lawyers up and down the country are currently anticipating a new uprising of defending possession proceedings on a par with the era of Communism of the 20th Century. Such is the enthusiasm with which they have greeted the European Court of Human Rights decision in McCann v UK. But before…

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Buy-to-let owners set to incur fail-to-let penalties


A warning alarm has been sounded to all buy-to-let owners who allow their properties to remain empty for significant periods of time. The Communities and Local Government Select Committee has put forward proposals which, if implemented, would see landlords charged with financial penalties if they fail…

The end is nigh for tolerated trespassers


The Housing & Regeneration Bill 2008 signals the death knell The latest incarnation of the Housing & Regeneration Bill currently passing through Parliament appears set to remedy the problems caused by the classification of tolerated trespassers. Tolerated trespassers are those tenants who…

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Speedy evictions set to face government scrutiny


Trigger happy housing associations who look to press the eviction button too quickly when involved in tenancy disputes are to come under scrutiny from the Government. The Government is to set up a working group that will investigate claims that some social landlords are too quick to evict tenants…

Slowey not slow to denounce work-to-rent proposals


Social housing tenants across the country may finally feel justified in their critical response of the Housing Minister's proposals to require them to look for work as part of their tenancies. In January this year, Caroline Flint's suggested reforms in the housing sector to engender a 'something for…

Carbon monoxide leak claims the life of young woman


A young woman has died following a suspected gas leak in a London housing association flat. A full police investigation is currently underway following the loss of Elouise Littlewood who was only 26 years of age. Initial reports suggest carbon monoxide poisoning to be the cause of death. In a joint…

Carbon Monoxide death leads to arrest of gas installer and his apprentice


A Sheffield council worker has been found dead in his home, having suffered suspected carbon monoxide poisoning. A CORGI-registered gas installer and an apprentice heating engineer have been arrested in connection with the tragic incident. The deceased, named as 41-year-old Mark Ellis, was…

Stealth charges leave tenants fronting the cost of tenancy deposit schemes


The cost of ring-fencing tenancy deposits in government approved tenancy deposit schemes are being passed by landlords on to their tenants in the form of administration fees. Some private landlords are charging tenants up to £100 to reimburse their involvement in the protection schemes. There…

Government to adopt carrot and stick approach to develop housing


Greater rewards for tenants and greater accountability for councils form basis of new proposals Improving deprived areas through regeneration, promoting work and enterprise and strengthening local accountability appear to underpin the government's approach to housing, as an empowerment white paper…

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Forbes builds on Housing expertise


North-West law firm Forbes Solicitors is pleased to announce the qualification of Lachlan McLean, who is now a solicitor in their thriving housing team. Lachlan's route to qualification was more unusual than that of a typical lawyer. He originally joined the firm as a barrister and after two years…

Housing panel appointment for Forbes Solicitors


North-west law firm Forbes Solicitors has been appointed to Weaver Vale Housing Trust's panel of legal advisors. Weaver Vale is the largest registered social landlord in Cheshire providing 6,000 homes in the Vale Royal area. Siobhan Hardy, Head of the Housing team at Forbes Solicitors said "Forbes is…

The Health and Safety Executive v Gateshead Metropolitan Borough Council


The Health and Safety Executive v Gateshead Metropolitan Borough Council Gateshead Magistrates' Court Tuesday 19 February 2008 at 10:30AM Charge Criminal charge in accordance with s33(1) Health and Safety at Work Act 1974 (HSWA) for breach of s3(1) namely: "It shall be the duty of every…

Local Authority receive heavy fine for failure in gas safety procedures


On 14 November 2006 at 11:30am children and staff were evacuated from Crookhill Primary School in Gateshead after suspicions arose that there could be a noxious agent inside the school. Tests that were carried out by the Health and Safety Executive to three boilers and flue system underneath the…

Why the classification of tolerated trespassers can no longer be tolerated


A survey carried out by a leading Housing magazine has revealed the extent to which some tenants living in social housing have lost rights to their properties having been declared tolerated trespassers. Inside Housing has discovered that as many as one in five tenants in some areas of the country have…

Partnership working as Parkway Green near 100% access rate for gas servicing


Parkway Green Housing Trust, a Manchester based not-for-profit housing company, has seen a significant increase in the number of tenants that are allowing access to their properties for gas safety inspections. By law all landlords must check every gas appliance in every home, every year. The social…

Housing Bill facing rewrite as Federation pressure set to win the day


The Housing and Regeneration Bill looks set to face a governmental rewrite in response to the immense pressure emanating from housing associations. Ever since its conception, the proposed bill has faced stiff criticism from housing associations with regard to sections which would allow the government…

Budget Bonanza for 'Green' Housing


Alistair Darling's first Budget was welcomed with open arms yesterday by Communities Secretary Hazel Blears and Housing Minister Caroline Flint. As part of a Budget that promises to advance the housing sector, new measures offer support to three current political hot potatoes: tackling climate change…

Greater assistance to be provided in tackling anti-social behaviour


Anti-Social Behaviour has been a long-standing problem for many social landlords and, until now, tackling it has proven to be even more problematic. Incidents of public-drinking, drug use, youth gangs and truancy cause substantial nuisance which often blight local communities and many social…

Investment programme to provide the dividend of affordable housing


The initial stage of the Housing Corporation's £8.4 billion investment programme was launched last week with the intention of marking a substantial increase in the number of affordable homes available to buy and rent. The first step of the National Affordable Housing Programme (NAHP) has…

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Housing Minister's speech prompts a mixed response


The new housing minister, Caroline Flint made her mark on the sector in emphatic fashion earlier this month by calling for social residents to be compelled to seek employment as part of their tenancy or else face losing their homes. In a speech made to the Fabian Society, Ms Flint explained that it…

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Social landlords get to grips with Health and Safety at sell-out seminar


Leading local law firm Forbes Solicitors recently hosted a full-day seminar for 170 Registered Social Landlords (RSL's), who manage a combined housing stock in excess of half a million homes throughout the UK. The seminar held in Manchester aimed to help them understand the key Health and Safety…

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05 Feb 2019

Housing & Regeneration


A Vision for Social Housing - Report

This month saw the release of 'A Vision for Social Housing', a report written by Shelter's Social Housing…

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Clients rate Forbes Solicitors for its 'prompt action', 'flexibility' and 'very customer-focused approach'

2017 edition Legal 500

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You were professional and well organised allowing for the court process to run flawlessly.

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2011 Legal 500: The team at Forbes is 'responsive and proactive'.

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Forbes are so attentive, always follow things up and are excellent value for money.

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Chambers 2017: "They are friendly, professional, extremely effective advocates who always seek the best possible outcome."

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2016 Legal 500: The 'holistic, fastidious and effective' team at Forbes Solicitors is noted for its 'wealth of sector knowledge'.

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