Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
22/11/23
Recently, the Information Commissioner's Office (ICO) announced its decision to reprimand Nottinghamshire County Council (the Council), for failure to redact sensitive information held within a Child and Family Assessment report, which are used to assess the needs of vulnerable children in…
Legal Article
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…
Legal Article
15/11/23
On 14 October 2023, the Regulator for Social Housing (RSH) published its annual Sector Risk Profile report (the Report), detailing its view of the most significant risks preventing registered providers (RPs) from achieving compliance with the RSH regulatory standards. RSH's publication statement…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Forbes News
17/07/23
It will not be news to readers that the emergence of climate chance and the on-going cost of living crisis is causing real concern. This is very apparent within the housing sector. Landlords are having to come to terms with the need to make homes more energy efficient and, for commercial properties in…
Forbes News
17/07/23
New Legislation In May 2023, three Private Members' Bills received Royal Assent; all of which expand the rights and protections currently available for parents and carers. In short these are as follows, but see our article here ( Private Members' Bills - new legislation to be aware of in…
Forbes News
17/07/23
Following quickly on from the launch of its new five-year strategic plan and the government's budgetary plans, Homes England has announced that Registered Providers of Social Housing (RPs) will for the first time be able to use grant funding provided through the Affordable Homes Programme (AHP) to…
Forbes News
14/07/23
Following quickly on from the launch of its new five-year strategic plan and the government's budgetary plans, Homes England has announced that Registered Providers of Social Housing (RPs) will for the first time be able to use grant funding provided through the Affordable Homes Programme (AHP) to…
Forbes News
13/07/23
Background Earlier this week, judgment was handed down in the High Court of the claim Yae Bekoe v London Borough of Islington [2023] EWHC 1668 (KB). The High Court upheld the claims made by the individual involved that the local authority had misused their personal information and breached the…
Forbes News
06/07/23
The model leases for shared ownership homes funded through Home England's Affordable Homes Programme 2021 to 2026 were updated again on 07 June 2023. The changes are as follows: - Updates to page numbering, formatting and contents within the leases, to ensure consistency. - Minor…
Legal Article
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…
Legal Article
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…
Forbes News
19/06/23
The ICO has recently published details of a reprimand it has issued against University Hospitals Dorset NHS Foundation Trust for failing to comply with the UK GDPR's security principle. On 25 April 2023, the ICO published details of a reprimand it had issued to the Trust for inappropriately…
Legal Article
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…
Forbes News
23/05/23
In what may be the most important legal change to tenancies in England since 1988, the Renters (Reform) Bill ('the Bill') was introduced to Parliament on 17th May 2023. Whilst we're likely to see some changes before the Bill becomes law, we know that Registered Providers (RPs) will…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
29/03/23
Having the Government acknowledge that Anti-Social Behaviour is "not a low-level crime" can only be welcome news to the ears of victims, local communities and those front-line practitioners who are tasked with keeping them safe. I don't think that anyone would argue with this sentiment…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
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…
Legal Article
26/01/23
In the recent case of Lovett v Wigan Borough Council [2022] EWCA Civ 1631 the Court of Appeal examined and restated the general principles around sentencing with specific consideration given to case law, and the Civil Justice Council's 2020 report 'Anti-Social Behaviour and the Civil Courts'…
Legal Article
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…
Legal Article
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…
Legal Article
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.…
