Incapacious respondents to closure order proceedings: Ealing LBC v M

Siân McGibbon and Joshua Hitchens analyse the subject of incapacious respondents to closure order proceedings following a recent ruling. Read more
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  NEWS

Feb 04, 2021

Cladding crisis victims “should not be left out of pocket”: Law Society

The Law Society has called on the Government to protect leaseholders from the costs of making their homes safe from potentially deadly cladding.
Feb 03, 2021

Housing sector arrears reach record levels as lockdown bites: report

Arrears in the housing sector have reached a record high, with more than £1bn now outstanding, according to the latest HouseMark COVID-19 impact data.
Feb 03, 2021

Ward Hadaway bolsters social housing team in Manchester with director hire

Ward Hadaway has extended its social housing offering with the appointment of a director in its Manchester office.
Feb 03, 2021

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings

Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.
Feb 01, 2021

Cornerstone Barristers expels public law specialist in row over tweeting

Cornerstone Barristers has expelled Jon Holbrook in a row over a tweet on 17 January from his personal account in which he claimed that “the Equality Act undermines school discipline by empowering the stroppy teenager of colour", although the public law specialist says he had already resigned.
Jan 29, 2021

Major NW social landlord to procure £5m legal services framework

The largest affordable housing provider in the North West, Torus, has issued a contract notice for a legal services framework worth an estimated £5m.
Jan 28, 2021

Residents launch legal challenge over South Oxfordshire Local Plan

A local group has issued a legal claim to try to overturn South Oxfordshire District Council’s Local Plan, which was adopted under pressure from Communities Secretary Robert Jenrick.
Jan 27, 2021

Rogue landlord ordered to pay nearly £10k after continuing to rent out unlicensed converted bank vault

A landlord has been ordered to pay more than £9,400 after he continued to let a flat – a former bank vault – which inspectors had classed as illegal and dangerous.
Jan 25, 2021

Winckworth Sherwood lead funders on charging of 1,699 residential units by social landlord

Law firm Winckworth Sherwood has advised Prudential Trustee Company as noteholder trustee on the charging of 1,699 homes owned and managed by South West housing association LiveWest Homes.
Jan 25, 2021

Government consults on new 'Right to Regenerate' where councils and public bodies required to sell unused land

The Government has this month launced a consultation on a new ‘Right to Regenerate’ which would enable the public to require councils and the public sector in England to sell unused land and assets.

  FEATURES AND ANALYSIS

February 02, 2021

Terminating flexible tenancies

Anneli Robins analyses the Court of Appeal's ruling in a case where the principal issue was whether a landlord can terminate a fixed term secure flexible tenancy agreement prior to the expiry of the fixed term if no express provision is made in the tenancy agreement for re-entry or forfeiture.
February 02, 2021

Housing case law update - January 2021

Michael Owen, Natalie Hurst and Claire Hogan-Clark round up the latest judgments affecting housing associations and local authorities.
February 02, 2021

Fire safety, cladding and compartmentalisation

John Murray and Stephen Radcliffe consider key fire safety issues for social landlords including in relation to cladding and compartmentalisation.
January 22, 2021

Reviewing the risks facing the social housing sector

Jo Loake summarises the key points from the Sector risk profile 2020 issued by the Regulator of Social Housing.
January 15, 2021

Curing a breach of the Public Sector Equality Duty in possession proceedings

Christian Grierson and Simon Kiely examine the impact of a High Court judge’s ruling on whether a breach of the public sector equality duty (PSED) can be cured in possession proceedings.
January 14, 2021

The halt on evictions (again)

Amy Kelly analyses the latest prohibition on enforcement of some possession orders in England and Wales.
January 07, 2021

Homes (Fitness for Human Habitation) Act 2018: Virtual workshop

Desmond Kilcoyne and Katherine Archer unpack the provisions in the Habitation Act 2018 and assess the significance of the new law.
January 05, 2021

Local authorities and the Charter for Social Housing Residents

In a previous article on the social housing white paper – the Charter for Social Housing Residents, Scott Dorling considered the issue of stigma and the charter's ambitions (or potential lack there of) to tackle the stigma associated with social housing. He now examines the charter's specific impacts on local authority landlords.

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  MORE NEWS

Jan 21, 2021

Judge rules against woman who re-entered property after locks were changed

A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.
Jan 18, 2021

Judge dismisses application for interim relief for homeless asylum seeker after breach of duty of candour

A Deputy High Court judge has dismissed an application for interim relief in the form of suitable accommodation submitted on behalf of a street homeless former asylum seeker, both on the merits and because of the claimant’s breach of the duty of candour.
Jan 14, 2021

London borough left homeless family in B&B for too long: Ombudsman

Two London schoolchildren were left in bed and breakfast accommodation for too long by Redbridge Council, according to the Local Government and Social Care Ombudsman.
Jan 14, 2021

Ombudsman criticises council for failure to consider relaxing local connection criterion for domestic abuse victim

A London council failed to consider the exceptional circumstances of a victim of domestic abuse when assessing her housing needs, the Local Government and Social Care Ombudsman has found.
Jan 14, 2021

Developer loses Court of Appeal battle over whether 'tilted balance' applied to 50-home scheme

It was not unfair for a planning inspector to find that the ‘tilted balance’ did not apply to an application for a housing development, the Court of Appeal has ruled.
Jan 14, 2021

Judge rejects legal challenge to planning permission for ‘extra care’ residential development

The Administrative Court has rejected all five grounds of a challenge to Shropshire Council’s grant of planning permission for housing for older people.
Jan 13, 2021

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices

The Court of Appeal has rejected a company director's appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.
Jan 13, 2021

Trowers advises social landlord on selection of JV partner for major Tower Hamlets regeneration

Law firm Trowers & Hamlins has advised Poplar HARCA on the selection and the appointment of Hill as joint venture partner on the delivery of the Teviot Estate regeneration in Tower Hamlets.
Jan 12, 2021

Social landlord names four firms to £1m panel for legal advice on complex matters

Hyde Housing has appointed four law firms to a £1m panel providing legal advice on complex matters of strategic importance to the social landlord.
Jan 08, 2021

Ministry extends ban on bailiff-enforced evictions until 22 February - save for "most egregious" cases

The ban on bailiff-enforced evictions has been extended until 22 February with no evictions expected to 8 March at the earliest, the Ministry of Housing, Communities and Local Government has said.
Jan 05, 2021

Deputy High Court judge criticises council over handling of judicial review challenge to housing allocation scheme

A recent judicial review case over decisions made by a council in relation to the allocation of rented housing was “an object lesson in how a public body should not respond to public law proceedings”, a Deputy High Court judge has said.
Jan 05, 2021

Council defeats appeal over ruling that it did not breach public sector equality duty in possession case

A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.
Jan 05, 2021

Council wins Upper Tribunal appeal over ‘reasonable excuse’ for failure to license house in multiple occupation

Thurrock Council has won an appeal from a decision of the First-tier Tribunal to cancel a civil penalty imposed for the offence of managing or being in control of a house in multiple occupation that is required by the Housing Act 2004 to be licensed, when it was not so licensed.
Jan 04, 2021

North Wales social landlord names council and eight law firms to legal services framework

A Welsh housing association has named a county council and eight law firms to a multi-lot legal services framework.
Dec 23, 2020

Trowers advises North East housing association on £110m refinancing

Law firm Trowers & Hamlins has advised North Star Housing Group on a refinancing deal worth £110m.
Dec 21, 2020

Court of Appeal rules against council on overcrowding and deliberate acts

The Court of Appeal has allowed an appeal over whether an appellant, who lives with his partner and their two children in a one bedroom flat where they are "statutorily overcrowded", is entitled to be included within Band 1 of Southwark Council's Housing Allocation Scheme.
Dec 21, 2020

Social landlord fined £80k after employees suffer Hand Arm Vibration Syndrome

A housing association was earlier this month fined £80,00 after four employees developed a debilitating nerve condition over a period of several years.
Dec 14, 2020

Housing Ombudsman makes performance data for social landlords public with new database

The Housing Ombudsman has - for the first time - published performance data on all landlords in its scheme with complaints recorded in 2019-20, as part of an effort to increase openness and transparency.
Dec 14, 2020

Weightmans bolsters social housing team with hire of governance specialist

Law firm Weightmans has hired social housing governance specialist Jo Loake as a principal associate.
Dec 04, 2020

MoJ issues call for competition for £2.5m housing possession mediation services pilot

The Ministry of Justice is to use an accelerated procedure for the procurement of a £2.5m, 6.5-month possession mediation services pilot.
Dec 03, 2020

Court of Appeal finds for housing association over grounds maintenance service charge

A social landlord was entitled to impose an extra charge on residents for grounds maintenance in a case affecting some 3,400 tenancy agreements, the Court Of Appeal has ruled.
Nov 26, 2020

High Court rejects challenge to decision homeless man was not in priority need

Watford Borough Council has won a High Court case over its actions concerning a homeless man but the judge dismissed the local authority's submissions questioning the court’s jurisdiction to deal with the appeal.
Nov 25, 2020

Court of Appeal quashes “legally flawed” decision by review officer that applicant was not in settled accommodation in period after earlier finding of intentional homelessness

The Court of Appeal has found a review officer’s decision – that a homelessness applicant had not been in settled accommodation following an earlier finding of intentional homelessness – to be “legally flawed”.
Nov 25, 2020

Failure to comply with planning enforcement notice sees landlord ordered to pay £260k

A landlord who pleaded guilty to two offences of failing to comply with a planning enforcement notice has been handed a confiscation order of nearly £260,000.
Nov 23, 2020

42 Bedford Row bolsters public law children and housing teams

42 Bedford Row has bolstered its public law children and housing teams with the arrival of two barristers.

  MORE FEATURES

January 04, 2021

Housing case law update - December 2020

Christopher Skinner, Sarah Christy and Ian Larkins round up the latest judgments affecting housing associations and local authorities.
December 23, 2020

Leading the way in health and safety

Sarah Greenhalgh and Adam Kendall consider the National Housing Federation Code of Governance’s requirement for housing associations to treat health and safety as an ‘overriding priority’.
December 18, 2020

Social housing and stigma

Scott Dorling analyses the government's efforts to address the stigma associated with social housing.
December 15, 2020

Possession Proceedings update

Alice Richardson starts the first of a series of three Trinity Landlord and Tenant focused webinars by reviewing the updated guidance and regulations for possession proceedings in light of the ongoing Coronavirus pandemic.
December 11, 2020

Settled accommodation and the chain of intentional homelessness

The Court of Appeal has handed down an important ruling on ‘settled accommodation’ and the chain of intentional homelessness. Ian Peacock and Anneli Robins report on a case providing helpful guidance to local authorities.
December 08, 2020

Residential fire safety update

Justin Bates and Simon Allison provide an update on the Building Safety Fund and new building safety legislation.
December 04, 2020

Refusing an offer of accommodation

A London borough has succeeded in the Court of Appeal on the issue of what constitutes a refusal under s.193(7) of the Housing Act 1996. Michael Mullin and Elizabeth England explain why.
December 04, 2020

Local Plans and SEA material

A challenge to the Harrogate Local Plan succeeded on the narrowest and resolvable point, but failed fundamentally on all other grounds, writes Richard Sagar.
December 04, 2020

Land-use conflict

The Supreme Court has given an important ruling on the discharge of restrictive covenants. David Sawtell analyses the judgment.
November 26, 2020

HMO licensing, the ‘fit and proper’ test and spent convictions

The Court of Appeal has provided clarity for the test of a ‘fit and proper’ licence holder for houses in multiple occupancy (HMOs), write Simon Kiely and Christian Grierson.
November 26, 2020

Who is going to win the race to the bottom? Make sure it's not you

Rebecca Rees and Scott Dorling look at potential solutions to some of the significant issues facing the social and affordable housing sector.
November 26, 2020

Housing case law update - November 2020

The last month has seen the Court of Appeal and the High Court hand down a number of key rulings affecting the housing sector. Paul Lloyd, Charlotte Rawson and Jatinder Bhamber analyse the judgments.
November 26, 2020

An end to the water re-seller saga?

The Court of Appeal has upheld a ruling leaving social landlords facing significant compensation bills for water overcharging. Does your water arrangement expose you to compensation claims? Virginia Cooper and Jason Tandy analyse the impact of the judgment.
November 26, 2020

Empty home strategies and homelessness

Lyndon Campbell examines why local authorities are using enforced sales to tackle homelessness.
November 20, 2020

Environmental sustainability as a governance priority for housing associations

Nathan Bradberry, Sarah Greenhalgh and Deborah Rowntree look at the National Housing Federation Code of Governance’s new requirement for boards of housing associations to set financially sustainable plans with specific consideration given to “carbon neutrality and environmental sustainability”.
November 13, 2020

"Late" review decisions and s.204 homelessness appeals

The Court of Appeal has considered the issue of “late” review decisions and section 204 (homelessness) appeals. Andy Lane and Riccardo Calzavara report on the outcome.
October 29, 2020

Death to confusion, clarity resurrected

The Court of Appeal has provied clarity on the correct process to follow in order to end the tenancy of a deceased tenant. Victoria Osler analyses the ruling.
October 27, 2020

Rebalancing the housing system

When it comes to building new communities, writes Ian Doolittle, does local authority housing hold the key?
October 27, 2020

Housing Ombudsman's oversight operations overhauled

September marked the start of the Housing Ombudsman's new powers. What effect will this have on registered providers? Digby Morgan reports.
October 26, 2020

Housing case law update - October 2020

Daniel Skinner, Rebecca Asady and Natalie Hurst analyse the latest cases from courts in England and Wales and Ombudsman rulings that are relevant to the housing sector.