Archived News from 2013

Housing & Regeneration

December

Succession and Allocation Policies

11/12/13

The Court of Appeal has recently upheld a widow's public law defence to possession proceedings because the local authority failed to consider granting her a new tenancy of the property in accordance with their allocation scheme. Background of the Case Mrs Shearer had lived at the property in question…

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November

Forbes Voted Best Legal Company For Second Year Running

08/11/13

Forbes Solicitors triumphed at the Lancashire Business Awards to walk away as Best Legal Company for the second year running. The awards, organised by business lobbying group Downtown Lancashire in Business and held at Stanley House Hotel, honour the most successful entrepreneurs and high growth…

HCA Urges Landlords to Get Tough on Gas Access

07/11/13

HCA Urges Landlords to Get Tough on Gas Access Last month, the Homes and Communities Agency urged social landlords to take legal action against tenants who refuse access gas safety engineers access to their properties. Many Registered Providers have an excellent record when it comes to tackling gas…

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October

The Long Awaited Arrival of the Prevention of Social Housing Fraud Act 2013

15/10/13

The eagerly anticipated Prevention of Social Housing Fraud Act 2013 ("the Act") comes into force today. With it we will have the introduction of new civil remedies and criminal offences to counteract unlawful subletting of social rented housing. The Housing Department at Forbes has previously delivered…

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September

Dogs Act 1871 Used in Order to Control a Dangerous Dog

04/09/13

A dog control order made under the Dogs Act 1871 has recently been obtained against a tenant of One Housing Group, compelling the tenant to keep their Rottweiler under control. The tenant in question had previously signed an Acceptable Behaviour Contract with One Housing Group agreeing to keep…

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August

Service of Forfeiture Proceedings

06/08/13

In the recent case of Grimason v Cates, the High Court decided that a judge had been right in accepting that forfeiture proceedings had been validly served at the tenant's last known address. Background The tenant was granted a lease of a flat in 2006, but failed to pay the ground rent and service…

Article 8 And Private Landlords?

06/08/13

Since the rulings in Manchester City Council v Pinnock and Hounslow v Powell a tenant facing possession proceedings by a public authority has been able to defend the proceeding by claiming that eviction is 'disproportionate' under Article 8 ECHR. The latest case discussing this defence brings closer the…

Tenant Receives £24,600 in Damages Following Unlawful Eviction

06/08/13

The High Court has recently decided that an award of £24,600 in damages for a tenant who had been unlawfully evicted was fair. Background Ms Lee was a tenant of a flat and claimed that Mr Lasrado, as her landlord, harassed her, changed the locks and evicted her. Ms Lee began proceedings against…

Bedroom Tax does not Constitute Unlawful Discrimination

06/08/13

The High Court has today determined that the housing benefit social sector size criteria rules ("the bedroom tax") do not amount to unlawful disability discrimination contrary to Article 14 ECHR. Background On 1 April 2013 the Housing Benefit (Amendment) Regulations 2012 came into force.…

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July

Holt v Reading Borough Council

09/07/13

The Court of Appeal has held that - where alternative accommodation needs to be provided under the terms of a ground for possession - there is no requirement that an offer of accommodation has been made before the hearing or that the accommodation is available at that date. The court only has to be…

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June

Daejan Investments Ltd v Benson

11/06/13

Daejan Investments appealed against a Court of Appeal decision where it was decided that because the landlord had failed to observe the consultation procedure they were unable to recover £270,000 of expenditure since the failure to follow the consultation procedure risked prejudice to the…

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May

Ker v Optima Community Association

29/05/13

Since the rulings in Manchester City Council v Pinnock and Hounslow v Powell, a tenant facing possession proceedings has been able to defend proceedings by claiming that eviction is 'disproportionate' under Article 8 ECHR. In the latest case raising this defence the position for tenants who have entered…

Birmingham City Council v Jones

29/05/13

Birmingham County Court recently awarded outright possession of a property to the Council after police found cannabis growing equipment but no drugs at the property during a raid. This case is believed to be the first case where an outright possession order has been made when only drug paraphernalia…

Forbes Housing Group Expands Client Base

21/05/13

Forbes Solicitors has increased its already significant housing client base after being appointed to the legal panel of Sadeh Lok Housing group. Forbes will now provide legal advice on Housing Management, Property Maintenance and Development as well as advising on anti social behaviour and tenancy…

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March

Housing Law Seminar

22/03/13

Over 90 delegates attended Forbes' recent Housing Law Update held at the Village Hotel in Bury. The conference featured keynote speaker the Housing Ombudsman Dr Mike Biles who explained to attendees how the role of the Ombudsman would be changing from April 2013. Other areas covered included a well…

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16 Feb 2018

Housing & Regeneration

NEWS AND ARTICLES

Forbes Solicitors successfully secures Without Notice Youth Injunction to protect staff and residents at homeless project

Under the Anti-social Behaviour, Crime and Policing Act 2014, a civil injunction may be granted against any…

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