Dishing the dirt on Septic Tanks

If you own property off the mains sewage network it is critical that you are aware of the changing legislation around septic tanks. The Environment Agency, in an endeavour to tackle water pollution, has laid down new General Binding Rules, which means systems will now have to be upgraded or replaced.

The Environment Agency initially updated its guidance in mid 2019 stating that all septic tanks discharging directly to watercourses had to upgrade their systems before 1 January 2020.This deadline was later removed in October 2019.

From Complaint to Compliant: Getting Ready For The New HOS Complaint Handling Code

Published in July and with actions required by the end of the year, new sanctions being imposed in "shadow" form now and in earnest from January, the Housing Ombudsman's Complaint Handling Code is a significant addition to the Housing Ombudsman Scheme. Membership of the Scheme includes an obligation to comply with the Code.

Aster Communities v Chapman & Ors (2020) UKUT 177 (LC) - Landlord penalised for not properly carrying out Section 20 consultation

We've previously reported on cases demonstrating how costly it can be for landlords who don't follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If not done, landlords can only recover £250 per leaseholder towards the works, unless the First-Tier Tribunal grants dispensation.

The leading case of Daejan Properties Ltd v Benson (2013) UKSC 14 found there is a presumption that dispensation will be given unless the leaseholders can establish some actual prejudice (ie, that the consultation would have likely resulted in a change to the scope, quality or costs of the proposed works).

Private RPs not Subject to Environmental Information Regulations

The Upper Tribunal has recently published its judgment in the case of The Information Commissioner v Poplar Housing Association and Regeneration Community Association confirming that private registered providers of social housing (RPs) are not subject to the Environmental Information Regulations 2004 (EIRs).

Government Planning Proposals - is this the way forward?

In its ambition to build high-quality, sustainable homes and communities, the government has published the Housing White Paper, 'Planning for the Future'. This consultation document consists of a package of proposals for reform of the planning system in England only with a view to streamlining and modernising the planning process, improving outcomes on design and sustainability, reforming developer contributions and ensuring that more land is available for development, where needed.

Temporary SDLT Relief - What You Need to Know

What is SDLT?

SDLT is stamp duty land tax - a tax on properties bought in England and Northern Ireland. The rate to be paid depends on where in the UK the property is bought, the price of the property and the reason for the purchase.

When is a private dwelling house not so private?

Covenants restricting the use of properties to "single private dwelling houses" "private residence" and "private dwellings in the occupation of one family unit" have been a common feature affecting properties for some time. They also frequently feature in the transfers of properties sold on new build estates.

What is and is not permitted by this type of covenant is not straightforward and has been hotly disputed by property owners throughout the years.

New Practice Direction 55C

Some of you might remember my briefing from a few weeks ago in relation to a proposed new Pre-Action Protocol. Well there is still no sign of that but what has now been introduced is a temporary Practice Direction (PD 55C), which requires landlords to 'reactive' their ongoing stayed possession claims and take additional steps before commencing any new possession claims from Monday 3 August 2020.

Essentially there are three types of Notice that come out of PD 55C.

Spotlight on...

Lyndsay Baxter, Solicitor

I am a newly qualified solicitor in the Housing & Regeneration (Property) department (“HRGP”), after completing an 18-month training contact at Forbes. I originally started out as a paralegal within HRGP in 2017 and have now progressed to solicitor.

I primarily work within the development team, dealing with a wide variety of property work including site acquisitions, development agreements (including turn-key and golden brick agreements), strategic property sales and purchases, s106 agreements (and variations), bulk securitisation/disposal/acquisition and construction elements such as easements, utility agreements (including s104, s185, s38, s278 and s102), as well as licences for works/alterations and building licences. I also have experience in supported living transactions.

I have assisted a number of clients by providing reviews of their existing lease portfolios plus boundary responsibilities and providing advice on next steps with a few to avoiding disputes arising. 

I assist the home ownership team when needed, and deal with right to buys, right to acquires, shared ownership plot sales and re-sales.

I also deal with site set ups and hand overs to the home ownership team.

What is it like working in lockdown?

I qualified the week before Boris announced the lockdown. Being newly qualified and working exclusively from home has been challenging but the team has been great. We have weekly team meetings and sub-team meetings and I know I can give anyone a call if I need any help or need to talk anything through. It’s not ideal but we have adapted and are all staying safe and keeping in touch.

What do people say is your best quality?

I have previously been described as showing a lot of gumption, which I think is a good quality to have.

Hobbies and interests

I love reading, I am currently reading Madam Secretary: A Memoir by Madeleine Albright. I saw a quote of hers on social media; “there is a special place in hell for women who don’t help other women”, and I knew I had to find out more about her. 

I also enjoy watching documentaries and walking in my spare time too; one of my favourite walks is Longridge Fell. 

Funny fact about yourself

Before working at Forbes, I worked as a laboratory assistant in a biochemistry/haematology laboratory for 10 years, processing blood samples. Talk about a career change! 

I have no regrets about the change of career, but I do miss getting to work with dry ice.

Listen to our latest podcast...

Complaints, Compliance
& Community

Listen to the latest episode of our ASC Forbes Podcast. In this episode Darren Burton, Head of Housing Consultancy, speaks to Daniel Milnes, Head of Governance, Procurement and Information to discuss complaints, compliance and community. Listen here.

If you have any questions or if you would like any further information please contact:

Darren Burton
Head of Housing Consultancy
01257 240827
darren.burton@forbessolicitors.co.uk

Daniel Milnes
Head of Governance, Procurement and Information
01254 222313
daniel.milnes@forbessolicitors.co.uk