Things rarely stand still in the housing market and 2013 is no different. Our quarterly publication of Housing Landscape aims to help professionals in housing to understand key issues and to keep up with all changes in the market. Our spring edition of Housing Landscape is now available and ready for download.
All local authorities with housing responsibilities must prepare a report under the Home Energy Conservation Act 1995 by 31 March 2013, setting out “the local energy conservation measures that a local authority – or groups of authorities – consider practical, cost effective, and likely to significantly improve the energy efficiency of residential accommodation in its area”. Time is running out to finalise the reports ahead of publishing them on the relevant local authority’s website and sending a copy to the Secretary of State.
The EU Commission formally approved the UK Government's support of its Green Deal initiative on 5 February 2013 and found that this support is in line with EU rules on state aid and will ultimately assist competition.
In March 2002, Dacorum Borough Council granted a joint introductory tenancy to Mr and Mrs Sims which, in March 2003, became a secure tenancy. After alleged domestic violence Mrs Sims left the property with her children. In June 2010 Mrs Sims served a notice to quit on the Council.
Ever since the Government indicated that it was committed to improving energy efficiency and reducing fuel poverty through the Green Deal initiative, sections of the media and other commentators have lined up to highlight aspects of the Green Deal which they do not believe will work or deliver the expected benefits. So who is right? Is Green Deal the real deal? Is it even the right deal?
On 24 January 2014 the Government announced a package of measures that include the much talked about changes to the permitted development regime to allow the conversion of offices to residential. The changes are due to come into force in Spring 2013. This article sets out details of the changes, the possible exemptions, and the actions that may need to be taken by local authorities and landowners/funders who may benefit from these changes.
Heavy snow is forecast around the country over the weekend with up to 30 cm expected on higher ground. While this may bring delight to children whose schools are closed, if you are an employer under a building contract, you may be wary of contractors seeking to blame delay on the current weather and claiming the extra cost of those delays under the terms of the relevant building contract.
Housing associations have been working hard for some time to prepare for the likely impact of the Welfare Benefit reforms, to be introduced from April 2013 onwards, on their businesses and on their customers. In Part 1 of this update, we look at rent arrears possession cases, as these will need to be looked at more closely in view of the potential adverse financial impact on cash flow for housing associations. In Part 2 of this update, which will follow next month, we will look at recovering possession due to under-occupation.
The announcement by the Government last Friday (19 October 2012) of the Green Deal cashback scheme, where both registered providers (as landlords) and tenants can claim cash back on energy saving improvements, once again brings to the fore the range of possibilities presented by the Green Deal and Energy Company Obligation (ECO).
This alert considers the key issues that registered providers should take into account before engaging with the Government’s flagship policy to reduce carbon emissions throughout the country.
The Growth and Infrastructure Bill, issued on 18th October, implements a number of the measures announced by the Government in September as part of its major planning and housing package. The Government says the Bill will help the country compete on the global stage by cutting red tape which, it claims, is delaying new infrastructure and job creation, and discouraging business investment.
This article will look in greater detail at the first three measures that are intended to assist with bringing developments forward and that are giving rise to industry comment.
The Assets of Community Value (England) Regulations 2012 are now in force, with far-ranging implications for all English local authorities except shire county councils. The regulations bring in important detail for local authorities regarding the Community Right to Bid, setting out the processes and the steps which they will need to have in place. They also prescribe the compensation arrangements, for which authorities will need to prepare.
With effect from 1 September, a new criminal offence of squatting in a residential building comes on to the statute book under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This summary tells you all you need to know about the new offence, which has implications for all who own or manage residential and commercial property.
DECC has recently issued new guidance to help local authorities in England improve the energy efficiency of their residential housing. The guidance, issued under the Home Energy Conservation Act 1995 (HECA), requires local authorities to publish a report on their plans to achieve improved energy efficiency by 31 March 2013.
Recent guidance to PCTs on preparing for the transfer of property has very much focused on the detailed preparation for the transfer either to NHS Property Services or to providers. It is clear that the intention is that the associated contracts, rights and liabilities will also transfer with the property, and that NHS Property Services will also inherit the PCT’s rights under Grant Agreements.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
The presence of telecommunications apparatus can be a major obstacle to a landowner’s ability to dispose of or redevelop its land. Most mobile operators enjoy statutory protection which makes it very difficult for them to be removed from sites.
The Department of Health yesterday published its finding on the number of parcels of land declared as surplus or potentially surplus current held by NHS trusts.
Mr Justice Akenhead has held in the case of Walter Lilly and Company Limited v Mackay and DMW [2012] EWHC 649 (TCC) that advice given to clients by claims consultants is not covered by legal professional privilege or legal advice privilege, even if that advice was given by solicitors or barristers engaged by those claims consultants.
The Guidance issued by the Department of Health on 4 August 2011 states that aspirant Community Foundation Trusts, other National Health Service Trusts and Foundation Trusts (transferees) are to be given the opportunity to acquire the parts of the PCT estate deemed ‘service critical clinical infrastructure’. On 22 March this year, the Department of Health issued a draft Transfer Order (the Order) which is intended to effect these transfers. This alert provides guidance in relation to this latest publication from the department .
After a long period of uncertainty we now know who will own the bulk of the PCT estate. Rumours have been circulating for some time that an announcement was imminent (reported in HSJ article dated 17 January regarding a leak of this announcement). The announcement was made by way of a ministerial statement from Andrew Lansley.
Legal intelligence for professionals in property.
This update contains brief details of recent property legislation, cases and other developments relevant to those involved in property.
This update contains brief details of recent property legislation, cases and other developments relevant to those involved in property.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Why social landlords need to make sure that all of their staff are kept in the loop...
The Court of Appeal held last week that a letter from a landlord’s housing assistant to a tenant telling him that his probationary assured shorthold tenancy (AST) had successfully converted into an assured tenancy (AT) was sufficient notice under the Housing Act 1988 for that purpose. This was despite the fact that only a week before the letter was sent the landlord’s solicitors had served a NOSP and NRP on the tenant, telling him that his tenancy hadn’t converted.
The Department of Health issued guidance (published on 4 August 2011) on the ownership of the PCT estate, largely to address the consequences of the TCS transfers but not specifically limited to that. The purpose of this article is to bring to your attention some important operational issues that you should be considering as part of implementing that guidance.
Local authorities have a statutory responsibility to secure suitable accommodation for the occupation of eligible homeless (housing) applicants with priority. However, many local authorities in England and Wales have transferred their housing stock to social landlords hence the need for assistance from Registered Providers in the discharge of their functions in this area. Even in cases where a local authority still retains/owns its housing stock, demand for social housing often far outweighs supply such that local authorities have to rely on housing associations to provide accommodation to housing applicants in the discharge of their duty.
Changes to Government funding arrangements may mean an increased number of schools looking to convert to academies by September 2011.
Case: Octavia Hill Housing Trust v Terri Brumby (2010) EWHC 1793 (QB)
Ms Brumby (Claimant), an assured tenant of Octavia Hill Housing Trust (Defendant) lives in a block of flats, her flat was on the ground floor. Entry to the flats is on the ground floor, above the claimant’s level, through a single communal door giving way to a communal hall and stairwell. In the same block in flat 14 on top the top floor lived a Ms Walker.
In this edition we highlight the following recent developments of interest:
- Extensions of time: causation, concurrent delay events and critical path analysis
- "Best endeavours", "reasonable endeavours" and "all reasonable but commercially prudent endeavours" - is there a difference?
- Adjudicator bias?
- Retention of title clause ineffective where contract allowed "revolving stock" sales
- Procure 21+ finally launched
- Failure to finalise contract terms resulted in unlimited liability.
In this month's digest we highlight the following developments of interest:
- Contract management: National Audit Office Report on the performance of hospital PFI projects
- Professional negligence: Overvaluation not negligent despite errors
- Construction Projects: Recovering costs and losses from professional advisers
- Time limit for making claim for loss and expense held to be a condition precedent.
- Entire agreement clause did not prevent rectification
- Why you should question offers which seem too good to be true
- Withdrawal of Part 36 offer
- 74 hours delay in delivering Decision made adjudicator's Decision unenforceable
- The importance of complying with contractual notice provisions
In this month's digest we highlight the following developments of interest:
- Contract formation: "Subject to contract" and contractual intention
- Credit crunch causes loss of profits claim to fail
- Main contractor liable for subcontractor's failure to put in place and implement safe systems
- Inadequate warning did not oust the warranty of fitness for purpose
- Quantifying whole life carbon dioxide emissions of buildings
- Severability and enforcement of adjudicators' decisions
- Arbitration: Will an application for an extension of time for service of a defence in court proceedings amount to a "step in the proceedings"?
In this month's digest we highlight the following developments of interest:
The High Court decision in Shell Egypt West Manzala GMBH and anor v Dana Gas Egypt Ltd (formerly Centurion Petroleum Corporation) is a reminder that parties to a contract should be careful when deciding the grounds on which to terminate a contract and when drafting termination notices.
The Bribery Act ("the Act") has received Royal Assent, and is likely to come into force in October this year. The Act consolidates previous bribery laws, and creates a new criminal offence which will be of concern to many: "Failure of commercial organisations to prevent bribery".
We have written a short article on the new offence, the defence of having "adequate procedures" in place, and guidance on adequate procedures.
As the weather improves, unlawful squatting on private land typically becomes more of a problem for landowners, their agents and local authorities. Here we summarise the options available to a landowner to remove trespassers from land and advise on how to do so as cheaply and quickly as possible.
In this month's digest we highlight the following developments of interest:
- Contract formation: Letters of intent, "subject to contract" and waiver by conduct
- Drafting "pay when paid" clauses which are effective upon upstream insolvency
- Drafting exclusion clauses to exclude liability for statutory interest
- Settling construction disputes - some points to consider
- The Equality Bill: Impact on the construction sector
- HSE crackdown on dangerous construction sites
- New HSE Guidance: "Provision of welfare facilities during construction work"
The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS"). This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.
In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.
The Court of Appeal has handed down a judgment, agreeing with a decision in the Technology and Construction Court, which serves as a reminder that, to be effective, exclusion clauses need to be carefully and very clearly drafted, and that contracts should be reviewed following changes in legislation.
There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.
This article highlights the proposed change in the law in respect of “reasonable adjustments”, and draws attention to proposals in relation to procurement by public authorities.
In this month's digest we highlight recent developments of interest, including commercial issues (in particular an article on the relevance of the "BSKYB" judgment for the construction and engineering sector) and some recent case law.
The European Remedies Directive has now been implemented into UK law. There is much talk of the new remedy of “ineffectiveness” and the automatic injunction. How will this change the face of procurement litigation?
In this fifth article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider the significant efficiency savings to be made through contract review. Whilst some efficiency savings take time to deliver and can require major restructuring of services or new procurements, others can produce much quicker results.
This Legal Update contains brief details of cases and other developments of interest which have been published in the last month.
If you require any further information about any of the items mentioned, or if you have been forwarded this update by a colleague and would like to receive it direct, please contact David Kirkpatrick , Associate Solicitor and Professional Support Lawyer for the Construction & Engineering Department.
In this third article looking at the legal challenges facing public sector organisations to deliver Smarter Government and Operational Efficiency, we consider property. In these times of economic efficiencies, there is one very clear message coming through from Government: “Property is important!”
The new regulator of social housing, the Tenant Services Authority (“TSA”), has now published its proposed regulatory framework for social housing in England.
This alert is of interest to housing associations and anyone else involved in housing related consumer credit agreements.
Opportunities for the redevelopment of properties have been improved by the Court of Appeal’s decision to overturn the narrow interpretation of the extent an easement granting access for “rebuilding or renewal” can be used to develop a property in the case of Risegold Ltd v Escala Ltd.
The new Housing Minister, John Healey, has arrived in Housing at a time when the Government is lowering taxes and increasing infrastructure spend in the hope that despite rising unemployment figures, the good times will roll again. One of the recipients of this major public sector spend is Housing PFI.
In a tough economic climate redundancies can be unavoidable but this article considers some alternative measures, for example the introduction of flexible working, which would mean employers can retain key employees, skills and experience without incurring the costs of redundancies.
Registered Providers are coming under increasing pressure to consider whether or not they should be rationalising their stock ownership and management as part of their asset management strategy. As affordable housing development has been hampered in the economic downturn, the drive to rationalise has come into sharp focus. In this article the issues involved and recent examples of rationalisation are examined.
The case of Weaver v London & Quadrant Housing Trust, which has been confirmed by the Court of Appeal, has led to much discussion about the “public body” status of registered providers. In this article we have tried to answer some of the questions which our RP clients have been asking over the last few weeks.
We have developed a well recognised programme of training designed to assist all local authorities in successfully implementing legal change.
In allowing the appeal by a housing association against a county court decision to only grant a suspended possession order against a tenant sentenced to eight years for conspiracy to supply amphetamines and cocaine, the High Court (Knowsley Housing Trust v Prescott [2009] EWHC 924) has helpfully clarified the way in which the courts should be viewing the use of Ground 14 (Housing Act 1988, Schedule 2, Ground 14) claims by landlords against assured tenants.
Legal intelligence for professionals in housing
Legal intelligence for professionals in housing