Housing Law Bulletin - Issue 205 - 14 February 2011

Monday 14 February 2011

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The Latest Housing Law News

Housing & Anti-Social Behaviour: on 7 February 2011 the Home Office began a consultation process on its proposals to abolish ASBOs, ASBIs, closure orders and the like and replace them with new forms of court order. For the ministerial statement, click here. For the consultation paper, click here. The consultation runs until 3 May 2011. For the media statement, click here.

Enforcing rules in social housing: on 9 February 2011 the Tenant Services Authority (TSA) published a consultation document on guidance about how the TSA might use four of its enforcement powers relating to: (1) A management tender; (2) A management transfer; (3) The appointment of an adviser to a local authority provider; and (4) The censure of a local authority employee or agent during or following an inquiry. These four powers were not consulted-on during the 2009/10 consultation round. Responses should be submitted by 4 May 2011. For a copy of the consultation paper, click here.

Tenants of social housing: on 10 February 2011 the Housing Minister announced that £2m would be made available for each of the next 4 years under the Tenant Empowerment Programme (TEP) to enable the establishment of local tenant panels. The TEP is administered by the TSA. For a copy of the announcement, click here.

Mortgage possession: the latest batch of statistics on mortgage repossessions (for the last quarter of 2010) was published on 10 February 2011. For the court statistics, click here. For the Council of Mortgage Lenders figures, click here. For the latest numbers helped through the Mortgage Rescue Scheme, click here. The UK Government perspective on the figures was given in a ministerial statement. For a copy of that, click here.

Mobile home owners: on 10 February 2011 the Minister for Housing announced further measures to improve the rights of residents in privately-owned mobile home parks. For the announcement, click here. For the draft Housing and Regeneration Act 2008 (Consequential Amendments to the Mobile Homes Act 1983) Order 2011, which was laid before Parliament on 31 January 2011, click here.

The Latest Housing Case Law

Manchester CC v Pinnock [No.2] [2011] UKSC 6
9 February 2011

The effect of the simple dismissal of the appeal by Mr Pinnock against the possession order made in respect of his home (see [2010] UKSC 45) would have been to give him the benefit of a replacement tenancy or another demoted tenancy under the Housing & Regeneration Act 2008 Schedule 11. That would potentially have required the council to begin another possession claim. The Supreme Court decided that such a result could be avoided by it granting a fresh possession order under which Mr Pinnock must now leave his home on 10 March 2011. For the judgment (which adds this new judgment to the original judgment), click here.

R (Cala Homes (South) Ltd). v Secretary of State for Communities & Local Government [No.2] [2011] EWHC Admin 97
7 February 2011

This High Court judgment represents the latest round of a battle between housing developers and the UK Government over the implications of the stated intention to abolish regional planning strategies. The claim was dismissed but may well be pursued on appeal. For the transcript, click here. For the government response to the decision, click here.

Housing Law Articles

Recent Developments in Housing Law
J. Luba and N. Madge
[2011] February Legal Action p42

Anyone for table tennis?
(UK v Strasbourg court on Article 8 & possession)
G. Webber
[2011] 15 Landlord & Tenant Review p1

The game of ping pong is over
(UK v Strasbourg court on Article 8 & possession)
N. Madge
[2011] 15 Landlord & Tenant Review p3

Tenancy deposit protection: an update
J. Scarfe
[2011] 15 Landlord & Tenant Review p18

The sale-to-rent-back market revisited: a postscript
R. Crozier
[2011] 15 Landlord & Tenant Review p22

Raising the threshold for assured and assured shorthold tenancies
P. Williams
[2011] 15 Landlord & Tenant Review p37

Housing Law Events

3 March 2011
Article 8: "Is that Possession Order Proportionate"
A Garden Court Chambers seminar 18:30 to 20:00
For the details, click here.

10 March 2011
The Mental Capacity Act 2005: Where are we now?
A Garden Court Chambers half-day seminar
For the details, click here.

23 March 2011
Housing and the Human Rights Act
An HLPA meeting in London
For the details, click here.

28 March 2011
Housing Benefit, Rent Arrears and Possession Proceedings
A LAG training day in London
For the details, click here.

1 April 2011
Housing & Support for Migrants
A LAG training day in London
For the details, click here.

6 May 2011
Housing Disrepair
A LAG training day in London
For the details, click here.

11 May 2011
Defending possession proceedings
A LAG training day in London
For the details, click here.

12 May 2011
Update on Anti-Social Behaviour Claims: Are they Winnable?
A Garden Court Chambers seminar 18:30 to 20:00
For the details, click here.

18 May 2011
Possession and Housing Benefit
An HLPA meeting in London
For the details, click here.

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 - which runs to over 1000 pages - has been published. Price: £55.00. For full details, click here.
To read an independent review, click here.
To watch an independent review, 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 a review by Robert Latham, click here.
To read another 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.

 

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