15/12/20
In the Housing and Regeneration (Property) Department we work with registered providers to develop and provide affordable housing. Social distancing measures, introduced by the government in light of the COVID-19 outbreak, have impacted our clients' usual practises as well as our practises when…
15/12/20
With the recent marking of anti-bullying week, also came the news that Priti Patel, Home Secretary, has been found to have breached the ministerial code due to bullying in the workplace, following an internal investigation. The news has not only caught the attention of the public but also shone a light…
15/12/20
In August, we published an article on the cost of fire safety works in high rise residential blocks. We commented on the government funding available to support the remediation of unsafe cladding on high rises and discussed whether leaseholders should contribute towards the cost of fire safety works…
15/12/20
The recently published Social Housing White Paper - The Charter for Social Housing Residents - has put forward new proposals which will allow social housing tenants (or their representatives) of housing associations and other private registered providers to access information relating to the management…
15/12/20
After months of consultation and fact-finding, the first ever meeting of the Housing Best Practice Partnership Network for West Yorkshire took place on Wednesday 9th December 2020 . The meeting was introduced by Mr. Mark Burns-Williamson (Police & Crime Commissioner) and chaired by Kate Jowett…
25/11/20
Is it a step towards addressing the housing problem or does it create more issues than it is worth? Following the Making Home Ownership Affordable discussion paper in 2019, the government has launched a consultation on the new model to be introduced next spring. The consultation fills in some of…
17/11/20
Earlier this month, the Information Commissioner's Office (ICO) published detailed guidance discussing the use of criminal offence data in detail. Data Protection Officers and information governance teams should review the latest guidance to ensure RPs meet the obligations set out in the new…
17/11/20
The government have confirmed the property market can continue despite Lockdown 2. How is the property market fairing during these uncertain times? The Government says - 'You can still move home. People outside your household or support bubble should not help with moving house unless…
17/11/20
CASE UPDATE: The Board of Governors of IQRA Community Primary School (Respondent) Ms F Mansur (Claimant) Background Ms Mansur was a Teaching Assistant at the Respondent school. The Claimants initial claim was direct sex/race discrimination, and unfair dismissal. There were…
17/11/20
The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water. It is not uncommon for local authority and private registered providers of social housing landlords to enter into agreements with water companies to…
21/10/20
The government has set out proposed changes to the requirements for transparency in supply chains under the Modern Slavery Act 2015. At present, certain commercial organisations must publish an annual statement setting out the steps they take to prevent modern slavery in their business and supply…
20/10/20
Last week members of the Housing Property Team had the pleasure of attending the National Housing Federation's first virtual Affordable Home Ownership Conference. A different format but non the less informative with valuable insight into the upcoming changes in the industry and the impact Covid-19…
20/10/20
Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) This is an interesting case on relief against forfeiture and contains some useful pointers on the nuances of forfeiture by physical re-entry. The lessee had taken a 20 year lease of the property in 2008. It was a commercial lease…
20/10/20
The Government has recently implemented two new Statutory Instruments which introduce additional permitted development rights. Both of these rights came into effect on 31 August 2020. Permanent development rights to add up to two storeys The first established by The Town and County Planning (…
20/10/20
It has been reported earlier this month that the Swedish clothing retailer, H&M has been fined more than €35 million by the German data protection authority, after it was found to have unlawfully collected employee data of some of its employees in Germany. This is the highest level of fine…
20/10/20
Housing Diversity Network is a social enterprise that aims to inspire and empower people, promoting equality, diversity and opportunity for all. It works collaboratively to support organisations to improve how they address inequality, get the most from their staff and meet the needs of the communities…
20/10/20
On 24 September 2020, the Chancellor announced the new Coronavirus Job Support Scheme (JSS), the successor to Coronavirus Job Retention Scheme (CJRS). The new scheme is intended to support business who wish to retain their employees and avoid compulsory redundancies. As of 9 October 2020, the Chancellor…
16/10/20
On 14 October 2020, Parliament approved 'The Restriction of Public Sector Exit Payments Regulations 2020,' (the Regulations) in a long-anticipated move to restrict the amount public sector employers can pay their employees on termination of employment. The Regulations are intended to come in to…
21/09/20
Tai Tarian v Christie Update: A dismissal based on anonymous witness evidence will not necessary be unfair, even where that witness declines to participate in the disciplinary process. Background and Tribunal findings: The Respondent was a housing association, who employed the…
21/09/20
(1) Retirement Lease Housing Association Limited (2) Fountain Retirement Housing Association Limited v (1) Pauline Schellerup & Phylis Woodford (2) C Martin [2020] UKUT 232 (LC) The above case was a conjoined appeal to the Upper Tribunal by the landlords of separate supported housing…
18/09/20
The Law Commission has released a collection of reforms to improve home ownership in England and Wales. These will make it easier and cheaper for homeowners to buy the freehold or extend their lease, and to take control of the management of their block of flats or an estate. The Law Commission is…
11/09/20
Homes England have announced significant changes to the shared ownership programme with the introduction of a new shared ownership model which will come into effect for all new shared ownership homes delivered under the new Affordable Housing Programme 2021 to 2026. Whilst the new model form lease is…
11/09/20
On the 8th September, Robert Jenirck, the housing secretary, announced a £12.2 billion overall investment in affordable housing. Which does include £700 million on new homes through the 2016 to 2022 programme, along with a new £11.5 billion Affordable Homes Programme which will be…
02/09/20
It will come as no surprise that over the weekend the Government introduced amendments to the Coronavirus Act, which have subsequently amended the prescribed forms for both Section 21 Notices and Notices of Seeking Possession in England. The amendments only affect notices served after 29 August 2020 and…
24/08/20
At the 11th hour, just before the stay was supposed to end this Sunday, 23 August 2020, the government has yet again extended the moratorium period on possessions claims. This time until 20 September 2020. While this news will be welcomed by renters, it will be devastating to many private and…
13/08/20
We've previously reported on cases demonstrating how costly it can be for landlords who don't follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If not done, landlords can only recover £250 per leaseholder towards the works, unless the First-Tier Tribunal grants…
13/08/20
If you own property off the mains sewage network it is critical that you are aware of the changing legislation around septic tanks. The Environment Agency, in an endeavour to tackle water pollution, has laid down new General Binding Rules, which means systems will now have to be upgraded or replaced…
07/08/20
In its ambition to build high-quality, sustainable homes and communities, the government has published the Housing White Paper, 'Planning for the Future'. This consultation document consists of a package of proposals for reform of the planning system in England only with a view to streamlining…
05/08/20
Published in July and with actions required by the end of the year, new sanctions being imposed in "shadow" form now and in earnest from January, the Housing Ombudsman's Complaint Handling Code is a significant addition to the Housing Ombudsman Scheme. Membership of the Scheme includes an…
04/08/20
As most public sector organisations will be aware, the Government has been considering a cap on public sector exit payments of £95,000 since 2015. In April 2019, the government launched a further consultation on draft Regulations to introduce the cap and the consultation closed on 3 July 2019. The…
29/07/20
Some of you might remember my briefing from a few weeks ago in relation to a proposed new Pre-Action Protocol. Well there is still no sign of that but what has now been introduced is a temporary Practice Direction (PD 55C), which requires landlords to 'reactive' their ongoing stayed possession…
22/07/20
What is SDLT? SDLT is stamp duty land tax - a tax on properties bought in England and Northern Ireland. The rate to be paid depends on where in the UK the property is bought, the price of the property and the reason for the purchase. I've heard about a SDLT Holiday - what does this mean…
22/07/20
Covenants restricting the use of properties to "single private dwelling houses" "private residence" and "private dwellings in the occupation of one family unit" have been a common feature affecting properties for some time. They also frequently feature in the transfers of…
07/07/20
It has long been known that people from the most deprived areas of the country have poorer health and have a shorter life expectancy compared to people from more affluent areas. With the NHS under immense pressure especially given the COVID-19 pandemic it has become increasingly important for the…
07/07/20
The week commencing 22 June was due to be The Chartered Institute of Housing week, however given the current pandemic this was not able to go ahead, although it was replaced by Digital Housing Week. This adaption is just another example of how the housing sector can quickly innovate. The event was…
07/07/20
Forbes Solicitors has been named on the Central Housing Investment Consortium Ltd ("CHIC") framework which reflects the firm's deep expertise and track record in the sector across its specialist teams. CHIC is a consortium of Registered Providers and has around 90 members across the…
07/07/20
We regularly advise Registered Providers of Social Housing on their duties to consult with leaseholders under Section 20 of the Landlord and Tenant Act 1985 when planning to do qualifying works or enter into a qualifying long term agreements. On occasion, if it is not possible to fully comply with the…
07/07/20
COVID-19 has presented several organisational challenges over the last few months, a notable concern of many organisations is their business efficiency. Whilst the pandemic had posed several problems and challenges, it may offer opportunity for Registered Providers (RP) with the opportunity to reflect…
02/07/20
Since working from home has become "the new norm", we've been asked to consider whether the use of digital transaction platforms and e-signatures is appropriate for executing deeds. In addition, whilst social distancing continues, can witnessing of signatures be done remotely? On 18…
24/06/20
On 8 June 2020, the rules on travel changed, bringing in the obligation on individuals to provide details of their journey to the UK, contact details and where they will be staying. In addition, individuals travelling/ returning to the UK will be expected to self-isolate for 14 days upon arrival. This…
22/06/20
Vacant Building Credit (VBC) is a policy that entitles developers to a financial credit in relation to the affordable housing contribution. The calculation is set out in the Planning Practice Guidance as "the equivalent of the gross floorspace of any relevant vacant buildings being brought back…
08/06/20
The Coronavirus Act 2020 ('the Act') came into force on 25 March 2020 following a swift passage through Parliament. The Act contains numerous emergency powers to enable public bodies to respond to the Coronavirus pandemic. Schedule 29 to the Coronavirus Act 2020, named 'Residential…
01/06/20
The coronavirus pandemic is presenting the housing sector with complex issues as urgent decisions need to be made by decision-makers. In these unprecedented times, RPs are exploring changes to the way in which decisions are taken to reduce the risk of infection while ensuring that executives, directors…
01/06/20
Whilst we are in the midst of a pandemic and the country is in lockdown, everyone has been advised to stay at home wherever possible. For many, this means that they are living and working from their homes. The majority of those asked would likely list access to gardens and open spaces as being crucial…
01/06/20
With the lockdown starting to ease and plans in place for how we can get back to normal, we need to be mindful that things will not be the same or 'business as usual' for quite some time. There is a lot to be considered in the near future and as for the construction sector in particular,…
01/06/20
As you all know by now the provisions of the Coronavirus Act 2020 came into force on 26 March 2020. Since this time all possession proceedings, and all proceedings seeking to enforce an order for possession have been stayed for 90 days with any new Notices of Seeking Possession and Section 21 Notices…
28/05/20
The current pandemic has caused a lot of uncertainty for business and lenders alike, although now there has been some recent positive coverage regarding the finances of registered providers of social housing (RPs). Fitch Ratings , who provide credit ratings, commentary and research, have reported…
18/05/20
The ICO has published 'Workplace Testing - Guidance for Employers' in order to assist employers considering introducing workplace testing in a bid to make workplaces safe in light of the coronavirus pandemic. The starting point is that as long as there is a good reason for doing so,…
15/05/20
Building , who provide information and intelligence to the construction industry, have reported that developers are calling for planning rules to be loosened due to the coronavirus pandemic, which could affect affordable housing. The London Property Alliance, real estate representatives, have…
14/05/20
The working world is changing, and nobody knows how it will look next week, let alone in a few months. As we continue to work from home as much as possible, we have been thinking about how we have re-thought our work practices, adapted and welcomed the 'new normal'. The 'New Normal'…
05/05/20
The Housing Secretary, Robert Jenrick, has yesterday revealed plans to the Housing, Communities and Local Government Select Committee to put a pre-action protocol in place when the eviction ban is lifted on 25 June 2020. Mr Jenrick confirmed that a decision would be made next month on whether the…
05/05/20
This is an addendum to our article " Registered Providers - are E-signatures a valid option as a contingency for COVID-19?" published 20 March 2020, particularly in respect of execution of transfer and other dispositionary deeds further to Land Registry's guidance published 04 May 2020…
01/05/20
In October 2017 the government announced its intention to introduce a new policy to permit annual rent increases on both social rent and affordable rent properties. The policy would allow rent increases of up to the consumer price index (CPI) plus 1% from 2020 and would apply for at least 5 years. In…
01/05/20
We are seeing an increasing number of cases recently where tenants will not allow their landlord access to complete a gas safety inspection. Why? Because of Covid-19. Understandably, people are anxious about letting others into their homes during this scary time, but landlords must still comply…
01/05/20
Last month, the Regulator of Social Housing (RSH) wrote to all RPs and local authorities regarding its expectations and regulatory approach in response to the coronavirus pandemic. In its letter, the RSH confirmed that its shared priority across the sector was to maintain tenant safety. Subsequently…
30/04/20
On Monday 27th April 2020, the government introduced new, non-statutory guidance advising Registered Housing Providers to only proceed with rehousing their customers (existing and new) if the move is deemed to be "essential" during the coronavirus pandemic. As with so many other aspects…
29/04/20
The provisions of the Coronavirus Act 2020 came into force on 26 March 2020. The following day, Practice Direction (PD) 51Z was introduced. This had the effect of staying all possession proceedings, and all proceedings seeking to enforce an order for possession, for 90 days. New possession claims can…
17/04/20
Historically a rent charge on land has not been an issue on the sale of land or a property, even where it is not collected or demanded, and sellers have been able to deal with the issue in a few ways including: · Providing a receipt to confirm the payments are up to date. or…
14/04/20
A new budget has brought new funding for landowners of high-rise buildings containing ACM and other unsafe cladding. This represents acknowledgment by the Government that in addition to ACM (cladding similar to that present at Grenfell Tower) there are other types of cladding which may be life-…
08/04/20
Section 106 of the Town & Country Planning Act 1990 ("the Act") explicitly states that a planning obligation entered in accordance with the Act is enforceable against (a) the person entering into the obligation and (b) any person deriving title which may also include a mortgagee / funder…
06/04/20
From today, 6 April 2020, the way we have always written our witness statements has changed. The most important change is to the statement of truth at the bottom of witness statements or any other document where a statement of truth is required. The new wording is as follows and must appear on all…
01/04/20
With the unprecedented measures being put in place by the government to reduce the spread of the coronavirus pandemic, RPs are undoubtedly considering what action needs to be taken to make sure both tenants and staff are kept safe. The Regulator of Social Housing (RSH) wrote to RPs last week to…
27/03/20
Manchester Housing Association Mosscare St Vincent's have taken urgent legal action against a tenant who continued to flout the new government guidelines on social / physical distancing and hosted parties for up to twenty people. The behaviour of the tenant caused harassment, alarm and distress to…
26/03/20
With the unprecedented measures being put in place by the government to reduce the spread of the coronavirus pandemic, RPs will be undoubtedly be considering the risks of contracts being unfulfilled. This global pandemic is having a huge impact on organisations of all sizes and is outside the…
25/03/20
The coronavirus outbreak has produced a lot of government action targeted at keeping infections down and that has in turn affected a lot of organisations, their contracts with each other and their plans for future procurement. For buyers subject to the Public Contracts Regulations 2015 (PCR) or the…
23/03/20
The Homes (Fitness for Human Habitation) Act 2018 ("the Act") came into force on 20 March 2019, amending the Landlord and Tenant Act 1985. The Act automatically applies to new tenancy agreements that are for a term of 7 years or less and applies to all periodic tenancies from 20 March 2020 (&…
20/03/20
Please note: This article was written prior to the Prime Minister's announcement of further civilian restrictions on the evening of 23.03.2020 and so does not take account of the effects of that announcement. Further updates will follow as soon as possible. The issue of Annual Gas Safety…
20/03/20
For all those working in Housing & Regeneration, COVID-19 poses a concern not only for personal safety of family, friends, colleagues and partners but also for keeping Development Programmes running and 'on-target' and meeting Homes England's March deadlines. We are working with our…
19/03/20
The present circumstances On 18 March 2020, the Lord Chancellor affirmed that "the rule of law is vital to a functioning democracy and even at times like these, it is essential that our independent courts are able to administer justice." Whilst many public places have either been…
18/03/20
In response to the ongoing spread of COVID-19 the Government has announced that the roll out of IR35 to the private sector shall be delayed until the spring of 2021 On 17 March 2020 the Chief Secretary to the Treasury, Steve Barclay, announced to Parliament that "the government is postponing…
18/02/20
A new External Wall Fire Review process has been agreed by The Royal Institute of Chartered Surveyors (RICS), The Building Societies Association (BSA) and UK Finance in relation to the valuation of high-rise buildings (above 18 metres or six storeys). The Government created a policy following the…
06/02/20
The Pre-action Protocol for Possession Claims by Social Landlords, commonly referred to as the Possession Protocol, sets out the procedure that social landlords and tenants must follow before commencing possession proceedings. The Possession Protocol applies to claims for possession of residential…
16/01/20
In light of the Grenfell Tower tragedy in 2018, fire safety should be at the forefront of the minds of developers and home builders alike. Following the findings of an independent review being published in December 2019, housing developer Persimmon has been subjected to heavy criticism after a…
13/01/20
Construction projects involve the completion of a myriad of deeds, contracts and other documents. Project staff at sophisticated corporate clients are usually very experienced in the business not only of negotiating such contracts but arranging for their signature too. So, what is the value in retaining…
