Forbes Solicitors
Forbes' Housing & Regeneration eNews  December 2018

Government Considering the Re-Introduction of Tribunal Fees

 

Assessing proportionality: Tenancy enforcement action and the Equality Act 2010

 

CMA finds land agreement breached UK Competition law


Calling off the Cap - Housing Revenue Account

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 the lift, each local authority could borrow money within their HRAs to build more or regenerate existing homes. However, each local authority encountered a restriction on how much they could borrow against their HRA. This restriction faced many complaints, as whilst the demand for new housing is a national priority, local authorities did not face a similar cap when borrowing for commercial property developments.

The government believes the lift will give councils the tools they need to build up to 10,000 additional homes per year, and take a significant step in fulfilling the UK's growing appetite for new housing. It will provide local authorities with the opportunity to increase their delivery of new homes by creating partnerships with housing associations and developing quality, sustainable homes which coincide with local plans.

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Government Considering the Re-Introduction of Tribunal Fees

On 7th November 2018, the Law Society Gazette published an article suggesting that the Ministry of Justice ("the Ministry") has confirmed it may reintroduce fees for employment tribunal claims.

Tribunal fees were introduced in July 2013; initially around £160, and increasing to £230 - £950 for further hearings. In certain circumstances claimants had to pay up to £1,200.

However, the landmark case of in R (on the application of UNISON) v Lord Chancellor in 2017 declared tribunal fees to be unlawful and they were scrapped.

The Ministry now hopes to find a balance that helps fund the court system while being 'proportionate and progressive', and believes that a fee system can be found that will ensure access to justice. It believes that the judgment in UNISON didn't completely rule out fees altogether, and that a level of fees that does not prevent access to justice would be permissible.

 

CMA finds land agreement breached UK Competition law

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.

UK Competition law prohibits:

  • agreements which may affect trade within the UK and which have as their object or effect the prevention, restriction or distortion of competition within the UK (known as the Chapter 1 prohibition); and
  • the abuse of a dominant market position which has, or is capable of having, an effect on trade within the UK (known as the Chapter 2 prohibition)

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Assessing proportionality: Tenancy enforcement action and the Equality Act 2010

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 tenant is nonetheless causing?

The Equality Act 2010 prohibits several forms of discrimination on the grounds of prescribed protected characteristics, which includes disability. As housing providers, our clients are bound by the obligations and duties prescribed by this legislation. The 2010 legislation created, in particular, a specific disability discrimination offence under section 15, which is committed where A treats another unfavourably because of something arising as a consequence of a disability and A cannot show that it is a proportionate means of achieving a legitimate aim.

 

 

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