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Cheshire East

Remedying breaches of the Public Sector Equality Duty

Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling. Read more
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  NEWS

Jan 18, 2022

Ombudsman raps council for delayed damp repairs, finds severe maladministration

Great Yarmouth Borough Council failed to deal with mould growth throughout a resident’s home that was causing damage, and then delayed in putting right faulty improvement works that worsened the situation, an investigation by the Housing Ombudsman has found.
Jan 17, 2022

Welsh Government promises "one clear legal framework" with implementation of Renting Homes (Wales) Act in July

The Welsh Government intends to implement the Renting Homes (Wales) Act 2016 on 15 July, Climate Change Minister Julie James has confirmed.
Jan 17, 2022

Second environmental group launches legal challenge over Net Zero Strategy

Campaign group Friends of the Earth has filed papers in the High Court challenging the Government's Net Zero Strategy (NZS) and its Heat and Building Strategy over "lacklustre" commitments to tackling climate change, making the policy the subject of two separate legal challenges.
Jan 12, 2022

Major social landlord appoints 17 firms to £12.8m legal services framework

Sovereign Housing, one of the largest housing associations in the UK, has named 17 law firms to a legal services framework worth an estimated £12.8m over five years.
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  FEATURES AND ANALYSIS

January 14, 2022

Shared ownership – reverse staircasing

Jonathan Jennings looks at what is involved where a shared ownership leaseholder wants to reduce their ownership share.
January 12, 2022

The 'right to manage' and shared estate facilities

In a key ruling on the 'right to manage' and wider estate facilities, the Supreme Court has overturned the Court of Appeal's ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.
January 05, 2022

First Homes: model Section 106 agreement

The Government has issued model s106 agreements for use with First Homes delivered through developer contributions. Stuart Tym examines the detail.
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  MORE NEWS

Jan 11, 2022

Supreme Court to hear appeal by council in dispute over secure flexible tenancies and possession during fixed term

The Supreme Court will this week hear an appeal from a council this week over whether a landlord can terminate a flexible tenancy agreement prior to the expiry of the fixed term if the tenancy agreement does not expressly provide for re-entry or forfeiture.
Jan 11, 2022

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO

A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).
Jan 11, 2022

Largest social landlord in the country appoints ex-law firm partner to housing association board

The UK's largest housing association, Clarion, has appointed a former partner at law firm Winckworth Sherwood to its Housing Association Board.
Jan 11, 2022

Ombudsman finds London borough guilty of severe maladministration in handling of complaint about leak

A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.
Jan 10, 2022

Gove sets deadline for residential property developers to agree action plan for remediation of unsafe cladding

The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has given developers a deadline of early March to agree a fully funded plan of action including remediating unsafe cladding on 11-18 metre buildings.
Jan 07, 2022

Councillor breached Code of Conduct by acting anonymously through Twitter, independent investigator finds

A former Cabinet member for housing at Southwark Council breached the local authority’s Code of Conduct by acting anonymously through a Twitter account, an independent investigation by law firm Bevan Brittan has found.
Jan 06, 2022

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds

A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority's social housing allocation policy disadvantaged the family.
Jan 05, 2022

Major social landlord to procure legal services framework

A major provider of affordable homes in Buckinghamshire, Hertfordshire and Bedfordshire is to procure a legal services framework.
Dec 30, 2021

New fund launched to increase number of junior social welfare solicitors

A new fund was launched earlier this month in a bid to address what has been described as a persistent shortage of social welfare lawyers.
Dec 29, 2021

Government issues model clauses for s106 agreements delivering First Homes

The Department for Levelling Up, Housing and Communities has published model clauses for use by local authorities and home builders in preparing s106 agreements that deliver First Homes through developer contributions, including First Homes exception sites.
Dec 22, 2021

Court of Appeal allows appeal by tenant over possession claim and correction of breach of public sector equality duty

The Court of Appeal has handed down a ruling on the impact of the public sector equality duty (PSED) on a claim for possession of rented residential premises.
Dec 22, 2021

Court of Appeal rules on proper construction of "reasonable excuse" defence for HMO licensing failure

The Court of Appeal has dismissed an appeal by a landlord against the imposition by Thurrock Council of a £17,000 penalty for failing to license a house in multiple occupation.
Dec 21, 2021

South West housing consortium to procure £9m legal services framework

Advantage South West, a procurement organisation owned by social housing providers, is to procure a legal services framework estimated to be worth up to £9m.
Dec 20, 2021

Homes England issues prior information notice for 2022-26 legal services framework

Homes England has issued a prior information notice for its next legal services framework worth an estimated £40m.
Dec 14, 2021

Council maladministration and service failures highlighted in latest round of Housing Ombudsman investigations

The Housing Ombudsman has published a collection of its latest decisions, including investigations of complaints about damp works, electrical safety, poor complaints handling, security issues and parking disputes.
Dec 13, 2021

Family of disabled boy left without housing adaptations because of council delay

Haringey Council should apologise and pay £2,000 in compensation after a delay in completing adaptations to a disabled boy's home meant he had outgrown the proposals, a Local Government and Social Care Ombudsman investigation has said.
Dec 10, 2021

Councils and central government failing to secure safe housing in private rented sector, spending watchdog finds

Tenants in the private rented sector are suffering from poor safety standards due to ineffective regulation and enforcement from local authorities and the Department for Levelling Up, Housing and Communities (DLUHC), a report from the National Audit Office (NAO) has found.
Dec 08, 2021

Landlords hit with £187k fine after failing to license houses in multiple occupation

A pair of landlords have been fined £187,000 over their failure to license houses in multiple occupation (HMOs), after a four-year legal battle with Waltham Forest Council including two judicial reviews.
Dec 07, 2021

Devonshires advises Sage on 420-home stock purchase

Law firm Devonshires has acted for Sage Housing on a major stock purchase deal with Optivo.
Dec 07, 2021

Law firm advises social landlord on 2,500 home Swindon scheme

Law firm Winckworth Sherwood has advised Sovereign Housing Association on a scheme for up to 2,500 homes in Swindon.
Dec 02, 2021

Homeless claimant to take council to High Court over failure to give reasonable preference

A woman who was initially denied access to social housing even though her local authority classed her as homeless and in need of a home has gained permission for her legal challenge to the council's social housing allocation policy to be heard at the High Court.
Dec 01, 2021

City council to spend £26m+ on 371 properties in bid to tackle growing demand for affordable housing

Leicester City Council has unveiled plans to buy 371 new properties at a cost of £26.6m as part of efforts to address a growing need for affordable housing.
Nov 30, 2021

Ombudsman finds housing association guilty of severe maladministration after resident left homeless following domestic violence 

The Housing Ombudsman has found social landlord Anchor Hanover guilty of severe maladministration in responding to a resident’s request for a transfer after experiencing domestic violence.
Nov 29, 2021

Court of Appeal rejects appeal in homelessness case over level of inquiries made

The Court of Appeal has dismissed a claim that a London borough made insufficient inquiries into the reason why an appellant was homeless.
Nov 26, 2021

MoJ consults on revamped scheme providing legal support to those facing eviction or repossession

The Ministry of Justice has launched a consultation on remodelling the Housing Possession Court Duty Scheme (HPCDS) into a new Housing Loss Prevention Advice Service (HLPAS), incorporating both the existing service of advice and representation at court but also early legal advice before court.
Nov 24, 2021

Ombudsman criticises council over “misleading” housing allocation policy

A borough council was at fault because its allocations policy was misleading, it did not follow its review process and it did not consider evidence provided by a complainant about medical equipment required by her disabled daughter, the Local Government and Social Care Ombudsman has found.
Nov 23, 2021

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months

The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from "overcrowded and hazardous" accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.
Nov 23, 2021

Latest report from Housing Ombudsman shows surge in complaints

The Housing Ombudsman quarterly report shows an 83% increase in the volume of enquiries and complaints received compared to the same quarter in 2020.
Nov 22, 2021

Housing specialist Waters joins Devonshires

Law firm Devonshires has bolstered its corporate and governance team with the hire of housing specialist Matthew Waters.
Nov 22, 2021

Disabled man moved to inappropriate temporary accommodation due to severe maladministration, Housing Ombudsman finds

The Housing Ombudsman has made a finding of severe maladministration against a housing association after investigating a complaint in a case where there was "significant detriment" to a vulnerable resident.

  MORE FEATURES

January 04, 2022

Property guardianship companies and HMO licensing

Property guardianship companies and a director were recently held liable for failing to licence premises as a House in Multiple Occupation (HMO). Tara O’Leary explains the ruling.
January 04, 2022

Too little too late: a successful PSED challenge to a possession order

The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.
December 17, 2021

Boosting supply of supported housing and integration of housing, health and care

Caroline Mostowfi examines government measures that seek to address demand for supported housing.
December 02, 2021

Housing duties and offers of private rented sector accommodation

What makes private rented sector accommodation offered to homeless applicants "suitable"? Nicholas Grundy QC and Michael Mullin examine a recent Court of Appeal ruling.
December 01, 2021

Housing case law update: November 2021

Michael Owen, Katrina Robinson and Emily Howe round up the latest housing law judgments and Ombudsman reports of interest to housing associations and local authorities.
December 01, 2021

Purchasing properties bound by affordable housing occupancy restrictions

Following a homeowner’s Section 106 “conspiracy” claim, how can registered providers avoid risks when buying affordable housing? Suzanne Smith and Jennifer Eng explain.
November 25, 2021

Court finds no duty to take past housing oversupply into account in assessing five-year target

LexisPSL conduct a planning analysis on the Tewkesbury BC v SSHCLG case, in which the court dismissed a challenge to an inspector’s decision to grant planning permission for a housing development.
November 19, 2021

Land led deals – what you need to consider

Land led deals are on the rise, with more registered providers taking the plunge. Katie Fung looks at the pros and cons.
November 19, 2021

Original and successive homelessness applications

The Administrative Court recently found that a council was wrong in its refusal to treat a further homelessness application as a new application. Amy Stroud discusses the implications.
November 12, 2021

Trowers' second annual mini-conference on building safety

Trower's mini-conference looked at the key aspects of the Building Safety Bill published in July 2021 and some key themes and processes of the Government's plans to reform the fire and structural safety regime for buildings in England as they have developed.
November 12, 2021

When working from home requires planning permission

Leon Glenister analyses an important judgment clarifying the approach to be taken when considering whether working from home requires planning permission.
November 12, 2021

Sector Risk Profile 2021 – what registered providers need to look out for

Jo Loake looks at the Regulator of Social Housing’s 'Sector Risk Profile 2021' and provides commentary on what it means for social landlords.
November 11, 2021

Estate Regeneration: Keys to successful outcomes

Scott Dorling, Paul McDermott and Victoria Thornton, joined by guest speakers Barbara Brownlee and Catherine Cummings, discuss the complex nature of estate regeneration, the common issues delivering estate regeneration schemes and a number of factors local authorities need to consider.
November 03, 2021

Registered providers and CIL

Wealden Council has won a landmark Community Infrastructure Levy (CIL) case against Stonewater that has potential far reaching implications for housing delivery, writes Ben Halsey.
November 03, 2021

Housing case law update: October 21

Daniel Skinner, Sarah Christy and Kirsten Taylor round up the latest housing law judgments and Ombudsman reports of interest to housing associations and local authorities.
November 01, 2021

Local Authority Insight Series - Effectively tackling ASB

Join expert Housing barrister, Kuljit Bhogal and Susan Taylor, Senior Solicitor at Capsticks as they outline the latest thinking for social landlords on effectively tackling ASB.
October 29, 2021

Mortgagee protection clauses

Mortgagee protection clauses (MPCs) can be a thorny issue when charging properties. Sharon Kirkham and Chris Drabble discuss the problems Registered Providers can face.
October 22, 2021

Warm feelings or hot air: the Heat and Buildings Strategy and Heat Networks

This week the government published its Heat and Buildings Strategy (Strategy). This contained vital innovations and essential step changes in terms of how heating is provided, writes Steve Gummer.
October 19, 2021

Collection and use of personal data: a guide for social landlords

Kuljit Bhogal, Matt Lewin, Ruchi Parekh and John Fitzsimons discuss issues related to the collection and use of personal data for social landlords.
October 14, 2021

Dealing with vulnerable tenants

Peggy Etiebet, Sarah Salmon and Zoë Whittington give an overview of the legal issues surrounding vulnerable tenants, including a look at practical issues and the courts, litigation friends, and past cases.