Issue 107 - 15th September 2008

Monday 15 September 2008

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Latest Housing Law News

Homelessness in England: the homelessness statistics for the second quarter of 2008 (April to June) were published on 11 September 2008. They show that although applications to local housing authorities dipped by 2% compared to the same quarter in 2007, acceptances were up 2%. For a copy of the statistical release summarising the figures, click here. For a detailed breakdown, giving figures for each housing authority area in England, click here.

Regulating Social Housing: on 11 September 2008 the Government published The Cole Report: delivering cross-domain regulation for social housing. The report makes recommendations about extending the role of the Tenant Services Authority to embrace regulation of council housing (as well as housing association stock). In her Foreword, the Housing Minister indicates that the recommendations will be addressed in a Housing Green Paper to be published later this year. For a copy of the report, click here.

Housing & Migrants: the Chartered Institute of Housing and the organisation HACT have jointly launched a specific housing information website addressing the housing needs of migrants. The information is designed for both new migrants themselves and for those advising them. To be directed to the website, click here.

Employment for Homeless People: the Government has announced that it is committing £100,000pa for the next two years to supporting homeless charities to achieve a target of employing former homeless people in their own organisations. For further details about this investment in the "National GROW Programme", click here.

Tenants managing their homes: the Housing (Right to Manage) (England) Regulations 2008 SI 2361 were laid before Parliament on 10 September 2008 and will come into force on 1 October 2008. They replace similar regulations made in 1994 and are designed to make it easier for Tenant Management Organisations to take over the management of local authority houses and flats. For a copy of the regulations, click here. For the explanatory memorandum, click here.

Student housing: The Housing (Approval of a Code of Management Practice) (Student Accommodation) (England) Order 2008 SI 2345 was laid before Parliament on 8 September 2008 and will come into force on 1 October 2008. The order approves the ANUK/Unipol Code of Standards for Larger Developments of Student Accommodation managed by some of the major educational establishments in England. It replaces a similar code approved in February 2006. For a copy of the order, click here. For the explanatory memorandum, attaching a copy of the Code, click here.

The Latest Housing Case Law

9 September 2008
Mahdi v Al-Harbi
[2008] EWHC (QB), [2008] All ER (D) 36 (Sep)
In consequence of his employment with the claimant, the defendant was provided with accommodation for himself and his family. On the termination of his employment, the claimant sought possession. The defendant claimed that he had a tenancy and that a valid notice to quit had not been served. The High Court granted a possession order. On the facts, the defendant was not a tenant.

4 September 2008
Complaint against Lambeth Council
07/B/15371
A council tenant notified the council of the need for repairs. The council agreed that to undertake major remedial work. The work began in 2005 but had not been completed by April 2007. At that stage the council agreed to pay £4000 in compensation and to complete the works in 12 weeks. The works were still not complete after a further 6 months. The ombudsman recommended £1000 further compensation, an inspection by an independent surveyor, and completion of the works specified by the surveyor within 3 months. For further information, click here.

16 July 2008
Lee v Rhondda Cynon Taff CBC
[2008] EWCA Civ 1013
Ms Lee was a gypsy who had unlawfully parked her caravan on a council's gypsy caravan site. When the council decided to close the site, she applied as homeless. The council accepted that it owed her the main housing duty and made a final offer of a conventional house. Ms Lee refused the offer and sought a review. On that review, the council decided that it had no alternative site on which Ms Lee could place her caravan and upheld the earlier offer. Ms Lee appealed on the grounds that the council had failed to consider acquiring a new plot on which she could place her caravan. The Court of Appeal dismissed her appeal. Nothing in the homelessness legislation imposed a duty (in the absence of unusual circumstances) on a council to acquire a site for a homeless gypsy.

 

Housing Law Events Coming Up

This Week

17 September 2008
Disrepair
A HLPA Members' Meeting in London
For the details, click here.

19 September 2008
Choice Based Letting
A Lime Legal Conference in London
For the details, click here.

Next Week

22 September 2008
Introduction to Housing Law
A Legal Action Group training event.
For the details, click here.

24 September 2008
Housing & Human Rights
A HLPA members advanced seminar.
For the details, click here.

Next Month

1 October 2008
Housing Allocation and Homelessness Conference 2008
A Jordan's Publishing Conference in London
For the details, click here.

2 October 2008
Housing Law Conference in Manchester
Organised by North West Housing Law Practitioners Group
For the details, click here.

3 October 2008
Mortgage Possession: Preventing homelessness and protecting homeowners
A Lime Legal Conference in London
For the details, click here.

10 October 2008
Anti-Social Behaviour & Social Housing Conference 2008
A Lime Legal Conference in London For the details, click here.

17 October 2008
Housing & Regeneration Act 2008 - What it Means for Social Housing Management
A Lime Legal Conference in London
For the details, click here.

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