Forbes Solicitors
Housing & Regeneration eNews
September 2020

On 'Tenurehooks' - Will Shared Ownership be a viable product?

 

ICO Launches Accountability Framework

 

The Importance of Careful Lease Drafting for Supporting Living Schemes


A Big Boost for Affordable Homes

On the 8th September, Robert Jenirck, the housing secretary, announced a £12.2 billion overall investment in affordable housing. Which does include £700 million on new homes through the 2016 to 2022 programme, along with a new £11.5 billion Affordable Homes Programme which will be delivered over 5 years from 2021 to 2026 and will provide up to 180,000 new homes across the country. The new programme represents the highest single funding commitment to affordable housing in a decade and new homes will be available under the new programme as soon as next year. This will be welcomed by registered providers (including local authorities) ("RPs") as well as developers and will provide a boost to the economy.

 

 

On 'Tenurehooks' - Will Shared Ownership be a viable product?

Homes England have announced significant changes to the shared ownership programme with the introduction of a new shared ownership model which will come into effect for all new shared ownership homes delivered under the new Affordable Housing Programme 2021 to 2026. Whilst the new model form lease is yet to be published, the proposed changes are government's response to a consultation which commenced in August 2019 to make the tenure more attractive for first time buyers.

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Transforming Leasehold System

The Law Commission has released a collection of reforms to improve home ownership in England and Wales. These will make it easier and cheaper for homeowners to buy the freehold or extend their lease, and to take control of the management of their block of flats or an estate.

The Law Commission is a statutory independent body which considers the law and areas of reform. The Government asked that they focus on enfranchisement earlier this year and they have recently published a report with a number of suggestions.

 

ICO Launches Accountability Framework

The Information Commissioner's Office (ICO) has published its Accountability Framework to help organisations manage their data protection compliance and understand how they can comply with the General Data Protection Regulation's (GDPR) accountability principle.

Article 5(2) of the GDPR places an obligation on organisations to be responsible for complying with the GDPR and states that organisations must be able to demonstrate their compliance with the GDPR.

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You didn't dream it - 6 month notices are here

It will come as no surprise that over the weekend the Government introduced amendments to the Coronavirus Act, which have subsequently amended the prescribed forms for both Section 21 Notices and Notices of Seeking Possession in England. The amendments only affect notices served after 29 August 2020 and will remain in force until 31 March 2021, unless this period is extended further.

 

The Importance of Careful Lease Drafting for Supporting Living Schemes

(1) Retirement Lease Housing Association Limited (2) Fountain Retirement Housing Association Limited v (1) Pauline Schellerup & Phylis Woodford (2) C Martin [2020] UKUT 232 (LC)

The above case was a conjoined appeal to the Upper Tribunal by the landlords of separate supported housing developments.

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Two unfair dismissal case updates from summer 2020

Tai Tarian v Christie

Update:

A dismissal based on anonymous witness evidence will not necessary be unfair, even where that witness declines to participate in the disciplinary process.

Background and Tribunal findings:

The Respondent was a housing association, who employed the Claimant as a carpenter. The Claimant was dismissed after a tenant alleged that the Claimant had made homophobic comments to her. The tenant was interviewed by two managers but requested anonymity and was not interviewed by the decision-making managers.

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Spotlight on...

Catherine Kennedy

Partner; Head of Development - Housing and Regeneration (Property)

Job Description

I am a property solicitor and partner in the Housing and Regeneration (Property) team, heading up the development sub – team. I have worked in private practice throughout my career, acting for a wide range of property clients including Registered Providers of Social Housing and supported living providers, charities,  regeneration bodies,  the NHS, educational institutions of all types , property investing pension funds, property developers an d investment companies and funders. In my current role I deal with acquisitions and disposals of land, charging transactions, development agreements of all types and all other related property development issues.

Typical day in the office

Whether in the office or ‘at  home’ in the office, my day is a mixture of file work, assisting and supporting others in the team and liaising with colleagues on reviews and initiatives relating to the smooth running of our specialism and sector.  I provide quotes and initial advice to clients on the options for structuring their proposed transaction, discussing how we will carry it out and the likely challenges and areas for focus to ensure that it proceeds in line with expectations. I allocate work across the team ensuring that the correct experience is applied and deal with all aspects of files in conjunction with team members. I support and work closely with colleagues so that we deliver our work with maximum flexibility.

Describe yourself in three words

Pragmatic, thoughtful and approachable

Favourite holiday destination

Switzerland – I have visited it twice 20 years apart and look forward to returning once again one day - its independent spirit and beautiful scenery make for a relaxing and fascinating holiday.

Hobbies and interests

I enjoy cooking and gardening and have recently been pleased to have more time to pursue each of those than has been the case for many years.

 


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The content of this e-alert is merely informative and should not be relied upon as a substitute for legal advice