Archived Legal Articles from 2023

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Housing & Regeneration

December

ICO takes Enforcement against Charnwood Borough Council for Data Breach

12/12/23

The Information Commissioner Office (ICO) has announced it has taken enforcement action against Charnwood Borough Council following an incident where the Council disclosed a woman's new address to her ex-partner who she had accused of domestic abuse. Following an investigation, the ICO has…

ICO Publishes Guidance for Housing Sector

12/12/23

The ICO has recently published guidance specifically targeted at the housing sector setting out how data protection law can be used to prevent harm. In a blog published by the ICO, it discusses a number of common complaints it sees from the housing sector and highlights how poor data protection…

Effective Complaint Handling in the Social Housing Sector- a 2023 Recap

12/12/23

The Social Housing sector has received a lot of negative press attention in recent years, in particular following the tragic death of a two-year-old who sadly died due to prolonged exposure to damp and mould within his parent's property. In the wake of the inquest into the child's death which…

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November

Leasehold Reforms - The Latest from the King's Speech

22/11/23

We have seen the Leasehold Reform (Ground Rents) Act 2022 come into force, restricting ground rents in new long leases (unless excepted) to a peppercorn rent. But what of the other leasehold reforms we have been hearing of that seem to be making slow progress? Within the King's Speech on 7…

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October

Case Law Update : Reading Borough Council v Holland 2023 EWHC 1902 (Ch)

19/10/23

In this recent case, the High Court considered the application of the Public Sector Equality Duty ("PSED") in housing possession proceedings and the proportionality of the actions taken by housing providers against vulnerable tenants. Background Ms Holland held an introductory…

ICO takes enforcement against Gloucester City Council for Cyber Attack

17/10/23

The Information Commissioner Office (ICO) has announced it has taken enforcement action against Gloucester City Council following a ransomware attack in December 2021. The Council had previously confirmed that a sophisticated cyber-attack had caused damage to the Council's network and online…

Rent reforms for new shared ownership homes

16/10/23

On 12 October 2023, the Department for Levelling Up, Housing and Communities (DLUHC) announced reforms to shared ownership rents in England. The reforms apply to: · New shared ownership leases of homes purchased through the Affordable Homes Programme and through the planning system via…

The Building Safety Regulator

12/10/23

Established in response to the devastating Grenfell Tower fire in 2017, the Building Safety Act 2022 (the BSA) introduces sweeping reforms that directly affect the construction industry. A cornerstone of these reforms is the establishment of a new Building Safety Regulator (the BSR). This article delves…

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August

Dealing with pressure in the workplace

22/08/23

It has been recently reported (Inside Housing - Insight - Housing Officers Under Pressure) that the role of a Housing Officer is becoming increasingly difficult, with reasons cited including Housing Officers feeling overwhelmed and overworked with huge patches. They are expected to do tasks that aren…

LUHC Shared Ownership Inquiry

08/08/23

The Levelling Up, Housing and Communities Committee (LUHC) is currently conducting an inquiry into Shared Ownership, which will examine the challenges associated with shared home ownership schemes, including barriers to achieving full home ownership and whether shared ownership is a genuinely affordable…

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July

The ASB Case Review: Raising local awareness in Manchester

03/07/23

Despite often being described as a 'low level crime' - the impact of anti-social behaviour ('ASB') is often significant. Following research into the impact of ASB on individuals and local communities, a report published by the Home Office on 27th March 2023 found that 93% of participants…

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June

How Hot is Too Hot

20/06/23

The month of June has had soaring temperatures UK-wide and has reignited some calls for legislation to be introduced to put a limit on workplace temperatures. Whilst heat can cause significant consequences for some people, including dizziness, fainting, dehydration, heat stroke, tiredness, or even…

Merging of Registered Providers - An Increasing Trend

08/06/23

The establishment of the Regulator of Social Housing (the Regulator) in 2018 brought with it a seismic shift in respect of the governance of social housing. Overall, the Regulator should be seen as a success (and the changes it has brought about positive). However, the continuous scrutiny which it…

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May

Top full-service law firm promotes 11 across specialist teams

03/05/23

Forbes Solicitors has announced 11 new promotions across a range of its specialisms including employment, insurance, contentious trusts & probate, commercial property, crime, housing & regeneration, and commercial litigation. The promotions, which are effective from 1 May, will create two…

Fire Safety: Considerations for Social Landlords

02/05/23

It is almost six years since the Grenfell Tower fire tragedy, which highlighted pitfalls in fire safety regulation and guidance for those living in high rise flat blocks. The subsequent Grenfell Inquiry stressed the importance of prioritising fire safety for the housing sector as a whole through their…

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April

Worker Protection Bill - making the change now

25/04/23

In March 2023, the Worker Protection (Amendment of Equality Act 2010) Bill passed the second reading stage in the House of Lords which was the first opportunity for the House to debate the key principles and main purpose of the Bill. The Bill is due to be further scrutinised at the Committee Stage, but…

Succession - Q&As

19/04/23

Following the recent webinar on succession Samantha Robinson answers some of the questions that were asked during the session - A son and his wife has a right to succeed to a bungalow following the fathers death but it is an adapted property and the son doesn't have any disability needs - how…

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March

The Consumer Standards and Decent Homes Guidance - the Need for Compliance

29/03/23

On 6th March 2023, the Regulator of Social Housing (RSH) published a regulatory notice relating to the London Borough of Haringey (LBH) and potential breaches of the RSH's Regulatory Standards (the Standards) This notice highlights a continued commitment by the RSH to ensuring registered…

The Social Housing Sector and the Economic Crisis: A time for Risk and Reward?

23/03/23

The current ongoing economic crisis has created a period of uncertainty across various sectors and businesses, especially the property market. High interest rates, high construction costs due to increased expense of materials following Brexit and increased costs of fire and safety and quality works…

Government announces mandatory qualifications for social housing managers

23/03/23

Amendments to the Social Housing (Regulation) Bill will require relevant managers to have specific qualifications and expertise, following calls from those affected by the Grenfell Tower fire for a precise requirement. The amendment clarifies as to what is meant by 'relevant managers' as…

Employability amongst social housing tenants 

22/03/23

Around one in seven people of working age in England are residing in social housing, and a further look tells us that these residents are twice as likely to be unemployed than those in other forms of tenure. Housing providers are becoming increasingly aware of the struggles that their tenants face…

What is the returnership programme?

22/03/23

Following the government's announcement of a returnerships programme as part of the Spring 2023 Budget to help minimise the current skills shortage, guidance aimed at employers on helping individuals return to work has been published. Employer guidance: helping people return to work. The…

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February

Beware Japanese Knotweed

22/02/23

Japanese Knotweed is a non-native plant that can inhabit both urban and rural areas. People do not want this plant on or near to their property. It is a very invasive species that has the ability to spread and can cause damage to the structure of buildings as well as being both difficult and expensive…

Consultation on 'fire and rehire' open until 18 April 2023

20/02/23

On 24 January, the Department for Business, Energy & Industrial Strategy published its Draft Code of Practice on Dismissal and Re-engagement ("the Code") and launched a consultation in respect of the same. What is dismissal and re-engagement? Colloquially known as 'fire and…

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January

Marital Status Discrimination - Ellis v Bacon & Advanced Fire Solutions

18/01/23

In the case of Ellis v Bacon and Advanced Fire Solutions, a director, Ms Bacon was dismissed from the company during divorce proceedings with her husband, a majority shareholder at the same company, Mr Bacon. The case focused on the following question: "to succeed in a claim for marital status…

Harpur Trust v Brazel - government consultation paper announced

16/01/23

In July 2022, the Supreme Court held that holiday entitlement under the Working Time Regulations 1998 for permanent part-year workers should not be pro-rated and that anyone on a year-round contract is entitled to 5.6 weeks of holiday pay, calculated using a holiday entitlement reference period of 52…

Help to Buy equity loan scheme coming to an end - what's next?

10/01/23

After helping thousands of people onto the property ladder, the Government backed Help to Buy Equity Loan scheme is coming to an end in March 2023. The scheme first launched in April 2013 and allowed both first-time buyers as well as existing homeowners to buy new-build homes up until 31st March 2021.…

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