Archived News from 2018

Together we are Forbes

Housing & Regeneration

December

Legal Article

Assessing proportionality: Tenancy enforcement action and the Equality Act 2010

05/12/18

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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November

Legal Article

CMA finds land agreement breached UK Competition law

27/11/18

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…

Legal Article

Calling off the Cap - Housing Revenue Account

27/11/18

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…

Legal Article

Tenant's son's succession appeal doesn't succeed

23/11/18

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"…

Legal Article

Questions we have been asked this month

22/11/18

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…

Legal Article

Introducing ASB and varying existing possession orders

14/11/18

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…

Legal Article

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

14/11/18

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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October

Forbes News

Forbes Joins Forces With ADR To Offer Housing Mediation Service

09/10/18

Leading North West legal practice Forbes Solicitors has joined forces with ADR Mediation and Training to offer independent mediation as part of its housing management services. ASC Forbes offers Advice, Support and Consultancy for Housing Management and the new partnership offers a range of…

Legal Article

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

03/10/18

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)…

Legal Article

Breach of SPOs and asking permission for a warrant

03/10/18

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…

Legal Article

Keeping housing affordable

03/10/18

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…

Legal Article

ICO Issues Fines for Failure to Pay the Data Protection Fee

02/10/18

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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August

Legal Article

The August 2018 Social Housing Green Paper

24/08/18

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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July

Legal Article

Mine and Mineral Rights Indemnity Insurance Policy - Is It Always Required?

19/07/18

Developers installing foundations, carrying out groundwork and any earthmoving works may involve going through or removing a mineral layer. If that mineral layer is owned by someone else, piercing it will be a trespass against the minerals owner. This could lead to a liability for damages or, more…

Legal Article

The Future of Property Litigation

02/07/18

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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June

Forbes News

Forbes Announces Major Conference on Safeguarding in Social Housing

18/06/18

A major conference focusing on the important of a multi-agency approach to safeguarding and vulnerability is being held by Forbes Solicitors and West Yorkshire Police. The West Yorkshire Housing and Safeguarding Exchange Conference, at Cedar Court Hotel, Ainley Top on July 12, will be attended by…

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May

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April

Forbes News

Forbes' Housing and Regeneration Team Boasts Seven High Court Advocates

20/04/18

Leading law firm Forbes Solicitors' successful Housing and Regeneration Department now boasts seven High Court Advocates after the latest successes in the Higher Rights of Audience qualification assessments. Partner Justine Hunkins and Solicitors Amy Chadwick and Emanuele Bellanca became the…

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March

Legal Article

Social Housing Regulation - what's in a name?

16/03/18

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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February

Legal Article

MEES, please... are you ready?

16/02/18

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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