Possession Trial success for Anti-Social Behaviour team

Forbes' ASB team were victorious in the County Court this week with our Housing Association client being granted an outright Possession Order and its legal costs by a High Court Judge, following a fully contested Trial.

The Defendant tenant had been causing persistent anti-social behaviour since as early as 2013, which included frequent screaming, shouting and abusive conduct towards other residents on the scheme on which she was living. There were also lower level, nuisance breaches, which included heavy littering, the throwing and abandoning of rubbish and discarded furniture and obstructive parking.

Prior to issuing the possession claim, the landlord had taken steps to try and resolve the issues, providing numerous warnings and ultimately pursuing injunction proceedings in which an Undertaking was given, but subsequently disregarded, by the tenant.

Ignore Covenants at your Peril

Those dealing with the development of land for housing should take note of the recent case of The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 (LC), in which the Court of Appeal (CoA) refused to allow the modification of restrictive covenants that prohibited the development of land, where a development had knowingly been carried out in breach.

This case is of importance for developers and registered provider as planning permission will not automatically allow for covenants to be modified or removed. Additionally, the courts will consider any actions of the developer resulting in deliberately and knowingly breaching the covenants.

Clarification by Employment Appeal Tribunal of employers' obligations to provide written particulars of employment

The EAT in Stefanko and others v Maritime Hotel Ltd held that an employee is entitled to a statement of particulars of employment even if they have worked for less than two months, provided they have completed one month of continuous employment.

Section 1(2) of the Employment Rights Act 1996 sets out an employee's right to receive a written statement of employment setting out the main terms of their employment, whether they work full or part time. Employers are currently provided with a two-month window to provide the written particulars. Pursuant to section 38 of the Employment Act 2002, unless an employer can demonstrate exceptional circumstances, an employee can be entitled to an award of between two and four weeks' pay if the particulars are not provided.

Government publishes proposed changes to employment law in its "Good Work Plan"

The government has published proposed legislative changes to employment law in its "Good Work Plan" (the 'Plan'). The Plan was published in response to the review of modern working practices conducted by Matthew Taylor, the Taylor Review, and accepts changes implementing 51 out of the 53 changes suggested in the Review.

Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 will come into force on 20 March 2019 and have the effect of amending sections 8 and 10 of the Landlord and Tenant Act 1985 as well as inserting new sections 9A, 9B and 9C.

The team have put together a brief overview of the Act and the changes that it will make to the legislative framework.

Meet Lauren Fisher - Head of Home Ownership, Housing & Regeneration (Property) Team

Lauren Fisher
Head of Home Ownership, Housing & Regeneration
01254 222345  |  lauren.fisher@forbessolicitors.co.uk

Lauren heads up the Home Ownership Team acting for Registered Providers and deals with a variety of Right to Buy/Right to Acquire and more recently Voluntary Right to Buy transactions.

She also deals with open market and shared ownership plot sales including Help to Buy and over 55 schemes, surrender and re-grant, shared ownership staircasing/resales and freehold/leasehold enquiries. Lauren assists with any client queries.