Housing Law Bulletin - Issue 184 - 26 July 2010

Monday 26 July 2010

Share This Page

Email This Page

The Latest Housing Law News

Mortgage rescue: the UK Government's review of arrangements for helping defaulting homeowners produced a series of announcements on 20 July 2010 and a flurry of related publications later in the week. The Mortgage Rescue Scheme is to be re-focussed and the amount of subsidy available to housing associations purchasing properties under the scheme is to be reduced. The Homeowners Mortgage Support Scheme (HMSS), run by the major lenders, is to close at the end of the financial year. It has reportedly only been operated to assist 34 borrowers in more than a year of operation. For details of these announcements, click here. The key features of the present schemes are reviewed in the interim report of the Evaluation of the Mortgage Rescue Scheme and Homeowners Mortgage Support. For the executive summary of that report, click here. For the full report, click here. The future prospects for mortgage repossession work are outlined in a new report Modelling and forecasting UK mortgage arrears and possessions. For a summary of that report, click here. For the full report, click here.

Help with mortgage interest payments: on 20 July 2010 The Social Security (Housing Costs) (Standard Interest Rate) Amendment Regulations 2010 were laid before Parliament. They prescribe that from 1 October 2010 the standard rate of interest which will be met through income support and other means-tested benefit payments will be the effective interest rate for loans to households ("the average mortgage rate") published by the Bank of England in August 2010. For a copy of the regulations, click here. For the explanatory memorandum, click here.

Protecting tenants of borrowers: on 19 July 2010, The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 were laid before Parliament. They will come into force on 1 October 2010. The Regulations prescribe the form and content of the new notice to be served on any tenant or other occupier when the landlord's mortgage lender seeks to enforce a possession order by obtaining a warrant for possession. The notice makes the tenant aware that a warrant for possession is being sought and advises them of their rights and the need to seek advice on their position. For a copy of the regulations, click here. For the explanatory memorandum, click here.

Housing work on Legal Aid: the Legal Services Commission further delayed the announcement of outcomes of the bid-round for legal aid contracts to undertake Housing work from October 2010. The results were initially due for distribution on 9 July but were repeatedly deferred. They began trickling out last week and it is anticipated that the final results will be distributed this week. For the latest details, click here.

New era for Housing in Wales: on 22 July 2010 The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 came into force. The Order extends the legislative competence of the National Assembly for Wales to make laws (known as Measures of the National Assembly for Wales) in relation to almost all aspects of social housing. For a copy of the Order, click here. For the explanatory memorandum, click here. One of the first measures is likely to be the enactment of a new regulatory regime for social housing providers in Wales. On 21 July 2010 the Assembly Government launched a consultation exercise on its latest proposals for a regulatory framework for housing associations. For a copy of the consultation paper, click here. Responses should be provided by 17 September 2010.

Housing benefit changes: the package of measures being introduced for the Local Housing Allowance in 2011/12 will achieve savings of around £1 billion by 2015/16. The other changes to Housing Benefit announced in the June 2010 Budget are intended to save a further £1.1 billion in 2015/16. Overall, this represents a reduction of nine per cent in the total 2015/16 expenditure on Housing Benefit. But who will be affected and how? Those questions are answered by Impacts of Housing Benefit proposals: Changes to the Local Housing Allowance to be introduced in 2011-12 published on 23 July 2010. For a copy of the paper, click here. Research produced by the National Housing Federation indicates that 425,000 people in London are at risk of losing their home, while 326,250 people in the south east are at risk of losing theirs. For more details of that research, click here.

Rough sleeping in England: the UK Government has begun a consultation exercise on proposals to review methods of counting rough sleepers in England. For the consultation paper, click here. Responses should be provided by 3 September 2010. This follows the announcement that while the official count published earlier this month showed there were 440 rough sleepers in England, additional official experimental estimates published on 23 July 2010 showed the figure could be as high as 1247. For that announcement, click here.

The Latest Housing Case Law

Brumby v Octavia Hill HA
[2010] EWHC 1793 (QB)
15 July 2010
The claimant was an assured tenant of a lower ground floor flat in a block of flats. She complained to the defendant, her landlord, about the anti-social behaviour taking place in the common parts of the block. When she felt it had failed to respond with effective measures, she brought a claim in the tort of nuisance. The defendant's application to strike-out the claim was refused. The High Court dismissed an appeal. The defendant was the owner and occupier in law of the common parts. The allegation was that nuisance coming from those parts and had not been abated, even after complaint. Such a claim should be tried on its facts.
For the full judgment, click here.

Housing Law Articles

History of Violence
(commentary on MHT v Hadjazi)
I. Larkins
[2010] 23 July Inside Housing 32
To read the article, click here.

Ripe for regulation?
(private rented sector issues)
D. Wilson
[2010] 160 New Law Journal 1035

Housing Law Books

Housing Allocation and Homelessness - new edition
The new edition of Housing Allocation and Homelessness: Law and Practice by Jan Luba QC and Liz Davies has been published. Price: £50.00.
For full details, click here.

Repairs: tenants' rights
The new edition of Repairs: tenants' rights by Jan Luba QC, Deirdre Forster and Beatrice Prevatt has been published. Price: £45.00. For full details, click here.
To watch an independent review, click here.
To read an independent review, click here.

Housing Law Handbook - 10% off
The Housing Law Handbook, edited by Stephen Cottle and written by other members of the Garden Court Housing Team, provides a first port of call for lawyers and advisers dealing with housing. The book covers possession proceedings, homelessness rights, the allocation of social housing, and other routes into housing. To claim your 10% discount, order online and quote promotion code GCTHLH when prompted.
To read an independent review, click here.

Housing Law Events

Autumn 2010

9 September 2010
Applying Article 8 ECHR to Secure Accommodation for Persons Subject to Immigration Control
A Garden Court Chambers evening seminar.
For full details, click here.

10 September 2010
Recent Developments in Housing Law
A Legal Action Group training event in London
For full details, click here.

14 September 2010
Tenancy Agreements
A CIH conference in London
For full details, click here.

16 September 2010
Housing Allocation and Homelessness
A Jordans conference in London
For full details, click here.

22 September 2010
The Homelessness Update 2010
An HLPA General Meeting in London
For the full details, click here.

24 September 2010
Using Public Law in Housing Cases
A Legal Action Group training event in London
For more details, click here.

30 September 2010
Preventing Homelessness and Protecting Homeowners National Conference 2010
A Lime Legal event in London
For more details, click here.

7 October 2010
Social Housing Allocation Conference 2010
A Lime Legal event in London
For more details, click here.

14 October 2010
Judicial Review Conference
A leading team from Garden Court Chambers will give an up-to-date overview of all aspects of judicial review including housing law, together with practical advice on how to apply the law successfully.
For full details, click here

14 October 2010
Anti-social Behaviour and Social Housing conference 2010
A Lime Legal event in London
For more details, click here.

21 October 2010
Anti Social Behaviour Possession Claims and Injunctions
A Garden Court Chambers evening seminar
For the details, click here.

11 November 2010
Gypsies, Travellers and Unauthorised Encampments
A Garden Court Chambers evening seminar
For the details, click here.

17 November 2010
The Housing Law Update 2010
An HLPA General Meeting in London
For the details, click here.

30 November 2010
Residential Landlord & Tenant Conference
A Professional Conferences event in London
For the details, click here.

1 December 2010
Housing Management Conference 2010
A Lime Legal conference in London
For the details, click here.

 

Latest tweets from Garden Court Chambers

Follow us on Twitter

Tweets by gardencourtlaw

We are top ranked by independent legal directories and consistently win awards

+ View more awards