Archived Legal Articles from 2018

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Housing & Regeneration


Assessing proportionality: Tenancy enforcement action and the Equality Act 2010


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…

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CMA finds land agreement breached UK Competition law


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


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


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


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


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…

The Royal Borough of Kensington and Chelsea: Grenfell, the aftermath


The tragic events which took place on the 14th June 2017 have placed registered providers of social housing in the media spotlight and the public's hunger for information on social housing, as shown by the recent BBC documentary 'The Fires that Foretold Grenfell', shows no sign of slowing…

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Deregulation Act 2015 - what you need to know for October 2018


Landlords will be aware of the provisions of the Deregulation Act 2015 which changed the operation of section 21 notices in Assured Shorthold Tenancies (ASTs). Currently, the provisions only apply to ASTs granted or renewed from 1 October 2015, when the Act came into force. However, section 41(3)…

Breach of SPOs and asking permission for a warrant


On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 came into effect. These amendments include a one-line addition to Part 83 of the Civil Procedure Rules 1998 confirming that there is no longer any need to make an application for permission for a warrant for breach of a suspended…

Keeping housing affordable


A survey carried by YouGov (survey conducted with 2,111 adults between 3 and 4 May) on behalf of home landlord Aster, revealed that only 60% of people are familiar with the homeownership product. This is despite the fact that 95% of the people who took part in the survey would qualify for the product…

ICO Issues Fines for Failure to Pay the Data Protection Fee


Organisations who handle personal data in the course of their business have been handed a wake-up call by the Information Commissioner's Office (ICO) this month, with a number of fines being handed out for failures to pay the data protection fee. On 26 September 2018, the ICO reported that it…

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The August 2018 Social Housing Green Paper


The August 2018 Social Housing Green Paper, has been published in response to the Grenfell Tower fire tragedy, which highlighted how the law on housing conditions falls short of ensuring tenant safety. The Paper promises to offer a ' new deal for social housing ', by rebalancing the…

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The Future of Property Litigation


In July 2015 the Civil Justice Council set up The Working Group on Property Disputes in the Courts and Tribunals. Their purpose? To consider proposals for "flexible deployment" of judges between the First-tier Tribunal (Property Chamber) and the County Court in landlord and tenant, property…

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Social Housing Regulation - what's in a name?


In January 2018, the Homes and Communities Agency split into two separate entities: Homes England and the Regulator of Social Housing (RSH). The reasoning behind the move is to eliminate the perceived potential conflict of interests between the part of the body that regulates registered providers, and…

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MEES, please... are you ready?


April 2018 is the date when the new requirements will first hit…are you ready? The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations) were introduced to improve energy efficiency in both domestic and non-domestic private rented properties as…

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