COVID-19 and social landlords: updated

Angela Hall, Elizabeth England and Tristan Salter provide an update for social landlords on the changes taking place as a response to the pandemic. Read more
Slide background
Slide background
Slide background

  NEWS

Mar 27, 2020

Housing association gains injunction against social gathering

Manchester housing association Mosscare St Vincent’s has been granted an urgent injunction against a tenant who continued to ignore government guidelines on social distancing by hosting parties for up to twenty people.
Mar 27, 2020

Court of Appeal remits possession case after housing association wins appeal despite breach of public sector equality duty

The Court of Appeal has allowed an appeal by a housing association in a case where it breached the public sector equality duty when seeking possession of a property.
Mar 27, 2020

All ongoing housing possession action to be suspended from today

The Master of the Rolls has decided that from today (27 March) the court service will suspend all ongoing housing possession action.
Mar 26, 2020

Coronavirus Act 2020 receives Royal Assent

The Coronavirus Act 2020, which contains a wide range of emergency measures as part of the government’s response to the COVID-19 outbreak, has been given Royal Assent.
Mar 26, 2020

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence

The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.
Mar 26, 2020

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence

The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.
Mar 25, 2020

Judge gives guidance on application to Court of Appeal for interim relief

Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.
Mar 25, 2020

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded

The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.
Mar 25, 2020

Upper Tribunal cuts £572k civil penalties in housing case by 70%

The Upper Tribunal has allowed in part an appeal over civil penalties of £236,000 imposed on each of two defendants for housing offences, reducing the total amount to be paid to £174,000.
Mar 24, 2020

Leading claimant housing barrister joins Garden Court

Nick Bano, a barrister specialising in representing homeless people, residential occupiers, and destitute and migrant households in both public law and private law disputes, has joined Garden Court Chambers.

  FEATURES AND ANALYSIS

March 26, 2020

Homelessness and Covid-19

Andy Lane, Matt Lewin and Tara O’Leary of Cornerstone Barristers’ Housing and Public Law Teams have prepared a briefing note in response to the particular issues raised for local housing authorities (LHAs) by Covid-19 insofar as concerns their Part 7 homelessness duties and powers.
March 26, 2020

Final implementation of The Fitness Act

Baljit Basra and Alex Loxton analyse changes to the 'fitness obligations brought in by The Homes (Fitness for Human Habitation) Act 2018 and predict an increase in the volume of claims.
March 26, 2020

Disability discrimination in pursuit of a legitimate aim

A recent case looked closely at the actions of a housing provider which sought to evict a disabled tenant following his assault on one of the trust's employees. John Murray unpacks the judgment.
March 26, 2020

Housing case law update: March 2020

Paul Lloyd, Victoria Smith and Elena-Lucia Stoian round up the latest housing law rulings from the courts and a recent report from the Local Government and Social Care Ombudsman.
March 26, 2020

Welsh social landlords and judicial review

Can a Welsh registered social landlord who is not a public body for Office National Statistics be the subject of a judicial review when it delivers a public function? Tim Edds investigates.
March 26, 2020

Building safety reforms - what impact on local authority landlords?

In the wake of new building safety reforms, Jessica Arczynski and Ian Doolittle look at how local housing authorities will be affected.
March 26, 2020

What are for-profit registered providers?

When the Housing and Regeneration Act 2008 (2008 Act) came into force, it allowed profit-making organisations to be registered with the social housing regulator for the first time. Emma Kirby looks at what happened next.
March 13, 2020

Phased planning permissions and CIL Liability Notices

Christopher Cant looks at the lessons to be learned from a Planning Court judge's ruling on the Community Infrastructure Levy (CIL) and phased planning permissions.

Fraser Public Sector 600

Sheriffs Office TSO animated banner

Sponsored Editorial

  MORE NEWS

Mar 23, 2020

Defendant jailed for five years after defrauding council of nearly £32k through Grenfell subletting claim

A man who claimed to be a Grenfell Tower resident who was in hospital recovering from surgery when he was actually in prison at the time, has been convicted of fraud and jailed.
Mar 23, 2020

LGA issues briefing on Coronavirus Bill, calls for temporary relaxation of FOI and GDPR requirements

The Local Government Association has called for additional powers to be given to local government as it published a briefing on the measures contained in the Coronavirus Bill.
Mar 19, 2020

Court of Appeal finds for council in dispute over false statement and social housing

A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.
Mar 19, 2020

Emergency legislation to prevent start of possession proceedings for three-month period

Emergency legislation will suspend new evictions from social or private rented accommodation while the national emergency over Covid-19 is taking place, the Ministry for Housing, Communities and Local Government (MHCLG) has announced.
Mar 18, 2020

Housing associations body says no one should be evicted because of coronavirus

No one should lose their home because of coronavirus, the National Housing Federation has said.
Mar 18, 2020

Councils welcome measures to protect renters from eviction during coronavirus outbreak

The Local Government Association has welcomed a government commitment to bring forward measures protecting tenants from eviction amid the coronavirus outbreak.
Mar 17, 2020

Council defends challenge over provision of secure accommodation for children at risk of being detained by police

Judges have dismissed a legal challenge over an alleged systemic failure by a London council to provide adequate secure accommodation for children at risk of being detained in police cells in circumstances where normal local authority accommodation would be unsuitable to meet the risks they pose to the general public.
Mar 16, 2020

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation

A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.
Mar 12, 2020

Borough council defeats High Court challenge over permission for 200 new homes less than 100 metres from waste tip

A borough council has defeated a judicial review challenge over its decision to allow up to 200 new homes on farmland less than 100 metres from a waste tip.
Mar 12, 2020

Government to set Local Plans deadline for December 2023, review calculation of Local Housing Need

A requirement for all local authorities to have up-to-date Local Plans in place by December 2023, a review of the formula for calculating Local Housing Need, a raised threshold in the Housing Delivery Test and reform of planning fees are among the proposals contained in a policy paper issued by the government today.
Mar 12, 2020

Land promoter loses High Court challenge over application of 'tilted balance'

Land promoter Gladman has lost two High Court challenges to planning inspectors’ decisions on the ‘tilted balance’ in the National Planning Policy Framework (NPPF).
Mar 12, 2020

Appeal judge hits out at "all-too-prevalent attitude" that in judicial review applications it is always possible to "have another go"

A Court of Appeal judge has criticised the way a case was brought that sought to challenge a ruling over a development in Wakefield.
Mar 12, 2020

District council hit by fourth judicial review claim from campaign group

South Cambridgeshire District Council faces a fourth judicial review brought within three months from a local residents’ group.
Mar 10, 2020

Defendant sentenced after being caught on CCTV injuring himself to claim against housing association

A man has been sentenced after CCTV caught him purposely banging his knee five times on a paving stone in order to make a fake injury claim against a housing association.
Mar 09, 2020

Judge rejects call by developer for summary judgment in dispute over s106 agreement and second planning permission

A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.
Mar 09, 2020

Law firm advises social housing provider on deal with L&G to provide 600 homes a year

South West law firm Stephens Scown LLP has advised social housing provider Coastline Housing on joint working agreements with Legal & General Affordable Homes.
Mar 05, 2020

Council rapped over failure to properly carry out financial assessment following Ombudsman investigation

North Yorkshire County Council has been criticised in a report by the Local Government and Social Ombudsman which found that the local authority had failed to carry out a financial assessment it had agreed to undertake following an earlier upheld complaint to the Ombudsman.
Mar 04, 2020

Revised scheme to hand Housing Ombudsman stronger powers

The Housing Ombudsman has issued a revised Scheme and a business plan for 2020-21 which it says will give it stronger powers and more resources “to deliver significant improvements in housing redress”.
Mar 03, 2020

Five Paper bolsters housing and property team with England hire

Social housing and landlord & tenant specialist Elizabeth England has joined Five Paper.
Mar 02, 2020

Housing association secures first unlawful profit order after tenant caught sub-letting flat to tourists

A housing association has obtained an unlawful profit order requiring an ex-tenant to pay back £6,000 after he sublet his flat to tourists.
Mar 02, 2020

Leeds chambers closes its doors after 60 years

Zenith Chambers in Leeds shut last week after 60 years.
Feb 27, 2020

Landlord ordered to pay £6k+ for harassing and financially exploiting tenant

A landlord has been ordered to pay nearly £6,000 in fines and costs after pleading guilty to harassing and financially exploiting one of her tenants, following an investigation by Bristol City Council’s Private Housing Rogue Landlord Unit.
Feb 27, 2020

Supermarket giant loses High Court challenge over rejection of major scheme in east London

Retailer Sainsbury's has failed to persuade the High Court to overturn the rejection of a planned redevelopment in east London involving a replacement store, retail, office and community space and 471 homes in eight blocks.
Feb 27, 2020

Welsh Ministers win Court of Appeal battle over open space policy

The Court Of Appeal has overturned a High Court ruling which Sir Stephen Richards said would have introduced “an unwarranted rigidity” into planning policy.
Feb 26, 2020

Attorney General gives undertaking to Grenfell Tower Inquiry on oral evidence from individuals and future prosecutions

The government has confirmed that the Attorney General, Suella Braverman, has given an undertaking to the Grenfell Tower Inquiry meaning that no oral evidence provided by individuals during modules 1, 2 and 3 of phase 2 will be used against the individual in any criminal proceedings.

  MORE FEATURES

March 13, 2020

Valid or not valid?

Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.
February 26, 2020

Housing case law update: February 2020

Michael Owen, Helen Gascoigne and Ian Larkins round up the latest housing law rulings from the courts and recent reports from the Local Government and Social Care Ombudsman.
February 26, 2020

Home is where the hoard is

Chris Grose and Sharon McLoughlin provide some top tips for housing providers dealing with hoarding issues.
February 25, 2020

Assessment of witness evidence – recent authority

The Court of Appeal has revisited jurisprudence concerning the assessment of witness evidence. Andy Lane examines the judgment.
February 25, 2020

The First Homes scheme

The Government recently began a consultation for a new affordable housing scheme called First Homes. Neil Toner, Hannah Langford and Alasdair Muir outline the known knowns and the known unknowns of the government's new initiative as well as the likely role for local authorities.
February 25, 2020

A matter of respect

The Upper Tribunal has reinstated 'generous' penalties for Housing Act 2004 licensing offences. Dean Underwood examines its ruling.
February 21, 2020

Open spaces and the ACV regime

Christopher Cant looks at the key considerations when attempts are made to have open spaces listed as Assets of Community Value (ACV).
February 21, 2020

Placing young people in unregulated accommodation

Local authorities face potential claims for damages where young people have been placed in unregulated accommodation and suffered exploitation. Cynthia Watts sets out how they can minimise the risk.
Housing Rogue Landlord 99725772 s 146x219
February 13, 2020

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.
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.
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.