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Cheshire East

Council tax and ‘self-contained units’

Sarah Sackman and Aidan Wills report on an important Council Tax case on the test for a ‘self contained unit’. Read more
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  NEWS

Jan 27, 2022

High Court agrees to hear claim brought by family against London borough amid row over banding, overcrowding

A family has gained permission to take the London Borough of Southwark to the High Court over what they claim is an unreasonable period in which they have been left in overcrowded accommodation.
Jan 26, 2022

Leak complaint leads to Ombudsman accusing housing association of severe maladministration

The Housing Ombudsman has uncovered complaints handling practices that amount to "severe maladministration" at a housing association, following an investigation into a resident's disrepair complaint.
Jan 26, 2022

Law firm advises social landlord on “first of its kind” £300m sustainability-linked bond issue

Law firm Devonshires has acted for leading housing association L&Q on the issue of £300m Sustainability-Linked Bonds (SLBs) due 2032.
Jan 26, 2022

Landlord who illegally evicted tenant given suspended sentence, ordered to pay £3k compensation

A district council has successfully prosecuted a landlord who illegally evicted his tenant, locked him out of the house and disposed of all his belongings.
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  FEATURES AND ANALYSIS

January 17, 2022

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.
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.
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  MORE NEWS

Jan 25, 2022

Council to pay £8k after man it failed to identify as homeless spent 21 months in van

A homeless man, who suffered physical and mental health problems, slept in a van for 21 months after Bristol City Council failed to provide proper assistance, an investigation from the Local Government and Social Care Ombudsman has found.
Jan 25, 2022

Housing regulator to procure £850,000 legal services panel

The Regulator of Social Housing (RSH) is to procure a new legal panel for services worth an estimated £850,000 over four years.
Jan 25, 2022

Defendant who never moved in pleads guilty to unlawful subletting of council property

A defendant has pleaded guilty to subletting a council property owned by a London borough, after it emerged that he never moved in and had obtained alternative accommodation with a local authority in Yorkshire.
Jan 24, 2022

Law firm cites increased demand for hire of social housing development partner

Law firm Shakespeare Martineau has recruited a new partner to head-up its social housing development team.
Jan 21, 2022

Regulator fines companies £33m+ over cartel behaviour in prepaid cards market used by councils and housing associations to distribute welfare payments

The Payment Systems Regulator (PSR) has concluded that five parties infringed competition law by agreeing not to compete or poach each other’s customers in the prepaid cards market in Great Britain.
Jan 20, 2022

Judge criticises housing association over anti-social behaviour injunction bid, awards £27,500 damages for anti-discrimination counterclaim

A judge has strongly criticised Rosebery Housing Association on its mishandling of a case where it sought an injunction against residents for anti-social behaviour.
Jan 20, 2022

Government defeats High Court challenge to ending of ‘Everyone In’ initiative

A High Court judge has dismissed a judicial review challenge over the Government’s decision to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.
Jan 20, 2022

Council fails in High Court challenge to grant by inspector of permission for scheme for 10 affordable dwellings

Wiltshire Council has lost on all three grounds a challenge to the decision of a planning inspector appointed by the Secretary of State for Housing Communities and Local Government to allow a development it had refused.
Jan 19, 2022

Decision by council leader to put brakes on housing development flawed and left resident "in limbo", says Ombudsman

A decision by the leader of Haringey Council to abandon a housing development after agreeing to purchase a private property on the earmarked land has been criticised as "flawed" by the Local Government and Social Care Ombudsman.
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.
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.

  MORE FEATURES

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.
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 07, 2021

How to understand damp and mould claims

Krishma Patel and Stefan Liberadzki consider when damp and mould disrepair is actionable, among other questions.
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.