Housing Rogue Landlord 99725772 s 146x219

Obtaining possession of a secure tenancy

Produced in partnership with Karl King of Hardwicke Chambers, this LexisNexis Local Government guidance note provides comprehensive and up to date legal information covering the range of tenancy types for social housing and the processes involved in obtaining posession for each. Read more
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  NEWS

Feb 14, 2020

Jenrick to remain at helm of Ministry of Housing, Communities and Local Government but McVey departs as Housing Minister

Robert Jenrick has stayed as Secretary of State for Housing, Communities and Local Government following yesterday's Cabinet reshuffle, but Esther McVey has lost her position as Housing Minister.
Feb 12, 2020

Equalities watchdog in legal action against Health Secretary over accommodation for people with learning disabilities and autism

The Equality and Human Rights Commission has launched a legal challenge against the Secretary of State for Health and Social Care over what it claims is a repeated failure to move people with learning disabilities and autism into appropriate accommodation.
Feb 12, 2020

Councillor found guilty on two counts of fraud by misrepresentation over housing tenancy

A councillor in London who applied for council housing in 2008 and signed a tenancy for a council home in 2012, despite being the owner of three properties, has been found guilty on two counts of fraud by misrepresentation.
Feb 12, 2020

Housing Ombudsman issues guidance for landlords on responding to complaints

The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.
Feb 11, 2020

District council defeats judicial review challenge over acceptance of report on neighbourhood plan

A development venture has lost a judicial review challenge over a district council’s decision to accept the report of an examiner into a neighbourhood plan.
Feb 11, 2020

Bevan Brittan boosts Midlands social housing and property teams with double hire

Law firm Bevan Brittan has bolstered its property and housing team in the Midlands with two experienced hires.
Feb 07, 2020

Councils express concern at prospect of witnesses at Grenfell Inquiry securing immunity from use of evidence in later prosecutions

The Local Government Association has said it is “extremely concerned” that some witnesses to the Grenfell Inquiry could be granted immunity from having any evidence they give used in subsequent prosecutions against them.
Jan 31, 2020

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal

The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.
Jan 30, 2020

Ombudsman criticises district over handling of industrial noise complaint

Daventry District Council failed to tackle an industrial noise complaint properly because it did not take account of all the evidence presented.
Jan 27, 2020

Lambeth reaches “first of its kind” memorandum of understanding with all housing associations in borough

Lambeth Council has reached a joint agreement with all ten housing associations operating in the borough, with the ‘memorandum of understanding’ said to be the first of its kind in London.

  FEATURES AND ANALYSIS

January 31, 2020

Houses in multiple occupation

This LexisNexis Local Government guidance note provides comprehensive and up to date legal information covering the management, licensing and definition of houses in multiple occupation (HMOs).
January 29, 2020

A new beginning? – Enfranchisement valuation reform

The Law Commission has now published its report on options to reduce the price payable in lease extension and enfranchisement claims. William Bethune and David Zong analyse its findings.
January 29, 2020

New pre-action protocols for disrepair and possession claims

New pre-action protocols will bring clarity for disrepair and possession claims, writes Sian Evans, setting out the key changes.
January 29, 2020

Housing case law update: January 2020

Paul Lloyd and Sarah Christy round up recent cases from courts in England and Wales relevant to the housing sector.
January 29, 2020

Securing approval for selective licensing

David Smith considers the lessons to be learned from the Government's most recent decisions in relation to selective licensing schemes.
January 29, 2020

Community Infrastructure Levy reforms and registered providers

Lucy Worrall sets out some practical points for developing registered providers when it comes to the Community Infrastructure Levy.
January 29, 2020

Multi-storey residential buildings: the latest Government advice

Mark London, Michael Wharfe and Yaasica Hamilton-Haye examine advice issued last week by the Ministry of Housing, Communities and Local Government for owners of multi-storey and multi-occupied residential buildings.
January 17, 2020

(How) Can Planning Speed Up Delivery? Part 2

In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.

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  MORE NEWS

Jan 27, 2020

Complaints about repairs still biggest category of complaint as Housing Ombudsman publishes insight report on data

The Housing Ombudsman has published the first in a new series of reports aimed at providing insight into its complaints data and individual complaints.
Jan 27, 2020

Government to set up new regulator for oversight of high-risk buildings

The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.
Jan 23, 2020

Ombudsman hits out at council for making “serious and unsubstantiated allegations” about asylum seeker

The Local Government and Social Care Ombudsman has accused a council of making “serious and unsubstantiated allegations” about a vulnerable, asylum-seeking mother.
Jan 21, 2020

Scottish social landlord to set up £550k legal services framework for 2020-24

A Scottish housing association has launched the procurement of a legal services framework worth an estimated £550,000 over four years.
Jan 20, 2020

London borough recovers council home and £105,000 after securing housing fraud conviction

The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.
Jan 15, 2020

Scottish housing association to appoint provider to £700k legal services contract

A Scottish housing association is to appoint a single provider to a legal services contract worth an estimated £700,000 over five years.
Jan 13, 2020

Social landlord to procure £1.8m legal services framework

A major housing association has launched the procurement of a legal services framework worth an estimated £1.8m.
Jan 09, 2020

Vulnerable people "refused fair hearing" in way some councils deal with appeals against housing benefit decisions: Ombudsman

Families face homelessness because of errors in the way some councils deal with appeals against decisions on housing benefit claims, the Local Government and Social Care Ombudsman has warned.
Jan 09, 2020

Social landlord to take legal action over "unfair" assessment by regulator

A provider of homes for vulnerable adults is to seek judicial review later this month of an assessment issued by the Regulator of Social Housing (RSH) after the watchdog said its governance and financial viability were both inadequate.
Jan 08, 2020

Council secures injunction to ban proposed “tent city” homeless encampment

Leeds City Council has today (8 January) secured an injunction against a proposed homeless encampment which it claimed would create a “tent city” in a car park.
Jan 07, 2020

Proposals for changes to Housing Possession Court Duty Scheme "do not address fundamental issues of sustainability": Law Society

A Ministry of Justice consultation on proposed changes to the Housing Possession Court Duty Scheme (HPCDS) fails to address the fundamental issues of sustainability, the Law Society has claimed.
Jan 07, 2020

Ombudsman hits out at council after housing benefit miscalculations lead to eviction of young family

The Local Government and Social Care Ombudsman (LGO) has criticised the London Borough of Haringey after a young, single-parent family, including a disabled child, had to leave their home after the council miscalculated their housing benefits.
Jan 07, 2020

Council rapped over treatment of pregnant woman who was made homeless

The London Borough of Tower Hamlets has agreed to consider service resources and “the changes it needs to make to work in line with the law” after a Local Government and Social Ombudsman investigation into how a pregnant woman, who approached the council for help when she was made homeless, was left in an unfurnished flat, miles from her support network.
Jan 06, 2020

Leeds Council seeks injunction to ban ‘tent city’ homeless camp

Leeds City Council is to seek an injunction over a homeless support group’s plans to organise an encampment in a car park.
Jan 06, 2020

Defendant who claimed to be ‘Freeman of the land’ fined £15k for planning breaches

A resident who claimed to be a ‘Freeman of the land’ has been fined £15,000 for refusing to remove an unlawfully built extension that covered the whole of his back garden.
Jan 03, 2020

Ministry awards £4m to 100+ councils to help tackle criminal landlords and letting agents

More than 100 councils in England will share over £4m as part of a crackdown on criminal landlords and letting agents, the Housing Secretary has announced.
Jan 02, 2020

Council prosecution sees landlord fined £27k for multiple HMO breaches

A landlord in Luton has been ordered to pay £27,000 at a sentencing hearing after previously pleading guilty to illegally managing a house in multiple occupation.
Dec 31, 2019

Judge rules against council on meaning of 'needs' for Care Act assessment

An assessment carried out by a London borough did not constitute a discharge of its duties under the Care Act because it failed to include all the individual's needs, whether currently being met or not, a judge has ruled.
Dec 30, 2019

London borough defeats legal challenge over grant of planning permission for major redevelopment

The High Court has this month rejected a legal challenge to Southwark Council’s grant of planning permission for a major redevelopment of a large site that includes the Elephant and Castle Shopping Centre.
Dec 19, 2019

Director of lettings and property management agency jailed for two years over £230k fraud

The director of a lettings and property management agency who defrauded more than £230,000 from the landlords and tenants that were his clients has received a two-year prison sentence, following an investigation by Southampton City Council’s Trading Standards Service.
Dec 18, 2019

North East housing association names three firms to provide property and development legal advice

A social landlord in the North East with 34,000 properties under management has appointed three law firms to provide property and development legal services.
Dec 17, 2019

Scottish social landlord appoints two firms for legal services over 2019-2024

Govan Housing Association has named two law firms to provide legal services over the next five years.
Dec 16, 2019

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence

A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.
Dec 16, 2019

Parish council fails in Court of Appeal claim local planning authority misdirected itself in assessment of housing land supply

The Court of Appeal has rejected a parish council’s claim that Babergh District Council, when assessing the five-year supply of housing land, misdirected itself on the relevant policies in the National Planning Policy Framework (NPPF).
Dec 16, 2019

Council prosecution sees landowners ordered to pay £14k over illegal hostel

The owners of an illegal hostel in Swanley have been ordered to pay £14,000 in fines and costs after being prosecuted for failing to comply with two planning enforcement notices.

  MORE FEATURES

January 17, 2020

Climate emergency #5: have you thought about Funding and Investment?

With local authorities seeking to deliver on some of their declared priorities to address the climate emergency, attention is turning to how to fund some of the ideas and initiatives, writes David Hutton.
January 10, 2020

(How) Can Planning Speed Up Delivery? Part 1

In the first of two articles Ralph Kellas examines the factors behind slow' build out rates and analyses proposed ways to tackle the issue.
January 10, 2020

Elephant, Dove, Old Oak, RICS

It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.
January 03, 2020

The St Modwen test and deliverability

The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.
January 03, 2020

Governing in uncertain times

Victoria Jardine and Peter Hubbard assess the latest developments in relation to governance issues for social landlords.
December 20, 2019

Public authorities, statutory powers and village greens

Francis Taylor Building comments on a Supreme Court judgment on village greens that will prove hugely significant for landowning public bodies.
December 20, 2019

The Guildford Local Plan challenge: key issues for plan-makers

James Findlay QC and Robert Williams examine the High Court's recent dismissal of three statutory challenges to the adoption of the Guildford Local Plan.
December 17, 2019

Social landlords and water charges

A recent ruling in the High Court in a test case on water re-selling has led to claims that local authorities and housing associations could face having to refund millions of pounds to tenants. Simon Kiely and Anna Moon analyse the judgment.
December 17, 2019

Housing benefits, human rights and possession claims

Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.
December 17, 2019

Assessment of housing needs

John Murray considers a recent case in which the Court reviewed London Borough of Haringey's assessment of a homelessness application.
December 17, 2019

Investing public money in district heating

Steve Gummer and Catherine Maddox analyse an important recent decision from the European Commission that will be helpful to authorities considering district heating schemes.
December 17, 2019

Strasbourg and the 'bedroom tax'

Alex Ewing considers an important ruling from the European Court of Human Rights on the so-called 'bedroom tax' that could have potentially significant implications for the way in which discrimination cases are approached in the future.
December 13, 2019

Granting assured and assured shorthold tenancies

This practice note from LexisNexis explains the criteria for assured tenancies (AT) and assured shorthold tenancies (AST) and the exceptions to those criteria, the main terms of AT and ASTs, the position regarding succession, and summarises a landlord’s obligations in respect of energy efficiency, gas safety and other health and safety obligations, right to rent and tenancy deposits.
December 06, 2019

Climate emergency #4: have you thought about Retrofitting?

Maxim Laithwaite, David Hutton and Nathan Bradberry analyse how local authorities and registered providers can use retrofitting to help deliver on climate emergencies.
December 06, 2019

Climate emergency #3: have you thought about New Housing?

In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing?
December 05, 2019

Assignment and succession of tenancy

Morayo Fagborun Bennett looks at the circumstances in which social housing tenancies can be transferred to another tenant.
November 29, 2019

Powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

This guidance note provides a comprehensive and up to date overview of powers to control anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014, Reform of anti-social behaviour powers (2014), Part 1 Civil Injunctions and Part 2 Criminal Behaviour Order (CBO).
November 21, 2019

Heat networks – climate emergency medicine?

Many local authorities have declared a “climate emergency”, sometimes committing to carbon neutrality within particular timescales in their authority areas. One of the issues that is often in the “difficult” box is gas heating, which currently largely relies on individual boilers. Heat networks can be a part of the solution, writes Richard Brooks.
November 15, 2019

Objectively assessed need within the Local Plan process

The Court of Appeal has dismissed legal challenges to the Waverley Local Plan. Wayne Beglan explains why.
November 14, 2019

Housing case law update: succession rules, 'vulnerable persons' and what constitutes suitable accommodation

From succession rules to paying upfront for remedial work, Christopher Skinner, Natalie Hurst and Victoria Smith round up the latest housing law cases.