Housing Law Bulletin - Issue 189 - 4 October 2010

Monday 4 October 2010

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The Latest Housing Law News

Thousands more Assured Tenancies: on 1 October 2010 thousands more tenants became assured short-hold tenants when the annual rent ceiling was lifted from £25,000 to £100,000. For a copy of the order which made the change, click here. To access the explanatory memorandum, click here.

Tenants of Mortgage Borrowers: on 1 October 2010 the tenants of mortgage borrowers gained new rights to delay their evictions by mortgage lenders. For the Mortgage Repossessions (Protection of Tenants etc) Act 2010 containing the new rights, click here. To access the form of notice the lender must give, click here. For the Government announcement on the introduction of the new arrangements, click here. For non-statutory Government guidance on the operation of the new provisions, which contains the Act, the regulations and the Forms click here.

Discrimination in Housing: much of the Equality Act 2010 was brought into force on 1 October 2010. Part 4 and Schedule 4 apply to premises and most but not all of those provisions have been commenced. For the Act, click here To access the explanatory notes, click here For the commencement order, click here For a National Housing Federation briefing, click here

Private Rented Sector and Housing Benefit: on 30 September 2010 the Department for Work and Pensions published three research papers addressing private sector tenancy rents and housing benefits. For a copy of Low income working households in the private rented sector, click here. For a copy of Private landlords and the Local Housing Allowance system of Housing Benefit, click here. For a copy of Tenants' and advisers' early experiences of the Local Housing Allowance national rollout, click here.

Private Sector Housing Fraud: on 13 September 2010 the charity Shelter published the results of a You Gov survey of 2,234 adults. 2% reported that they had been subject of a scam involving private renting and a further 4% said they knew a victim. There are estimated to be 1 million victims in the UK. For the research findings, click here.

Homeowners and Tenants in Debt: on 28 September 2010 the Office of Fair Trading issued a Compliance Review of the practices of Debt management Companies. For a copy, click here. As a result of its findings, the OFT has told 129 debt management companies that they face revocation of their consumer credit licences. For the OFT statement, click here.

The Latest Housing Case Law

JM v United Kingdom [2010] ECHR 1361
28 September 2010
The applicant had been liable to contribute to the child care costs of her child who mainly lived with her former partner. In calculating her liability, and in particular in taking account of her housing costs, the applicant was treated as a single person although she had a same-sex partner. A person in a heterosexual relationship would have had a more generous assessment of housing costs. The House of Lords upheld the Secretary of State's decision. The European Court of Human Rights decided that her Article 14 rights to freedom from discrimination had been violated in respect of her right to retrain her personal possessions (her money) and awarded her 3000 euros compensation. For the full judgment, click here.

Fearns v Anglo-Dutch Paint [2010] EWHC 2366 (Ch)
23 September 2010
In certain circumstances, a tenant can "set-off", against rent due to the landlord, the amounts they have paid in getting repairs carried out and damages for disrepair. This is not a housing case but it contains the most up-to-date judicial discussion of what a "set-off" is and how and when it works. For a copy of the judgment, click here.

Housing Law Articles

What are the odds?
(Commentary on contrasting ways in which local authorities determine homelessness applications)
M. Hilditch
[2010] 1 October Inside Housing p12
To read the article, click here.

Second chance
(commentary on handling reviews of homelessness decisions)
S. Elmore
[2010] August Legal Executive Journal p40

Tomlinson: a supreme case of clutching at straws in the wind
(commentary on Tomlinson, the Supreme Court decision on whether Article 6 applies to handling reviews of homelessness decisions)
C. Baker
[2010] 13 Journal of Housing Law p76

Austin v Southwark: the end of tolerated trespassers?
R. Chan
[2010] 13 Journal of Housing Law p87

Housing Law Books

Defending Possession Proceedings
The new (seventh) edition of Defending Possession Proceedings by Jan Luba QC, John Gallagher, Derek McConnell and Nic Madge runs to over 1000 pages and was published last month. Price: £55.00. For full details, click here.

Housing Allocation and Homelessness
The new (second) 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.
To read an independent review, click here.

Repairs: tenants' rights
The new (fourth) 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, 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

This Week

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

Later this Month

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.

Later this Year

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.

15 December 2010
HLPA Annual Conference
A London Conference
For the details, click here.

 

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