Archived Legal Articles from 2019

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Housing & Regeneration


Regional Cuckooing & County Lines - the way forward


County Lines describes gangs or organised criminals who export drugs into one or more UK importing areas. They use dedicated mobile phone lines or 'deal lines' and use children or vulnerable adults, to move / store the drugs. They use coercion, intimidation, violence, sexual violence and…

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Building Control sign-off needs insurers to sign up!


The building control industry have received increased scrutiny as a direct result of the increasing focus on public protection after the tragic incident at Grenfell Tower… the impact is becoming more prevalent as Approved Inspectors' insurance policies are up for renewal… There…

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The Impact of Equality Legislation


It has not quite been 10 years, but it has been some time now since the Equality Act 2010 hit the statute books. The swansong of Gordon Brown's Labour administration, it was an ambitious piece of legislation which sought to consolidate nearly 40 years' worth of anti-discrimination laws into a…

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Community Infrastructure Levy Regulations 2019 and Social Housing


The reform of developer planning contributions continues with the government proposing its seventh set of reforms to the Community Infrastructure Levy (CIL) Regulations 2010. The latest set of draft reforms seek to improve the operation of CIL by reducing complication, increasing market responsiveness…

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Regulator launches consultation on 2020 Rent Standard


On 7 May 2019 the Regulator of Social Housing launched a 12 week consultation on a revised Rent Standard that will come into force from the 1st of April 2020, replacing the current guidance which was published in May 2015. This consultation follows the Secretary of State for Housing, Communities and…

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Amendments to the MEES Regulations


Following on from our previous article 'MEES, please….are you ready?' published on 16 February 2018, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the "MEES Regulations"), have now been amended as of 1 April 2019 by the Energy Efficiency (…

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The New Fitness Regime - Our take on the new legislation


On the 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 came into force. The Act is aimed at improving housing conditions in the rented sector. Helpfully, the government has been issued guidance for landlords*. As the government guidance says, there are no new obligations for…

Usage of inaccessible work email accounts during employee's maternity leave


The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be…

Right to Rent - more Wrong than Right?


Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) Following a Judicial Review, the Court has found that Sections 20-37 of the "Right to Rent Scheme", as brought in by Immigration Acts 2014 and 2016…

Strategic Partnerships - Making Affordable Homes Happen


Homes England introduced Strategic partnerships in 2018, an ambitious new mission to partnership with all areas of the housing industry sector to provide a response to the long-term housing challenges facing our country. The plan announced in the 2018 budget was to secure £653 million in grant…

The Law Commission's Consultation for Social Landlords


Partners Lachlan McLean and Lucie Cocker of Forbes Solicitors were delighted to host the Law Commission's consultation event for Social Landlords on leasehold home ownership and reinvigorating commonhold at our Manchester offices. The Law Commission put forward proposals for reform to Right to…

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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 Commission. The report highlights a number of recommendations, one of which is that 3.1 million new social homes should be built in the next 20 years to help solve the housing…

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Is a dedicated Housing Court the solution to our problems?


The Government has recently consulted on the proposal to introduce a specialist housing court to try to tackle the problems frequently experienced by landlords and tenants bringing legal claims: delays, adjournments, lack of technical legal and procedural understanding, increasing numbers of litigants…

Property Guardians - A Legal Update


Property guardianship is an arrangement by which people are granted accommodation within a property at a below market rent in exchange for keeping the property under observation and in good condition. The guardian's continued occupation provides a disincentive for the property to be occupied by…

Fracking - What's the big deal?


Although relatively new on the scene, fracking has recently hit more news headlines and is unlikely to stop in the near future. The fracking site on the Fylde Coast in Lancashire near Blackpool has recently had a great deal of publicity, mostly negative, which includes reports of mini earthquakes…

Ignore Covenants at your Peril


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


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


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…

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