Issue 152 - 5th October 2009

Monday 5 October 2009

Share This Page

Email This Page

The Latest Housing Law News

Mortgage possession claims in the county court: in relation to all claims issued on or after 1st October 2009, mortgage lenders are obliged to inform local housing authorities when they start repossession action against a homeowner. The Housing Minister has written to all local authority Chief Executives to inform them of the change. Lenders have been asked to address their notifications to local authority 'Heads of Housing', who will be expected to use the information to provide homeowners with practical money advice and support (such as debt and legal advice), support for mortgage interest, or assessing them for the Mortgage Rescue Scheme. For non-statutory guidance issued on the new arrangements, click here.

Duty Schemes on Possession Day: a new internet facility provided by the National Homelessness Advisory Service enables advisers and defendants to find out whether there is a duty scheme operating at any local county court. To access the County Court Desk Search, click here.

Information about Housing: the past week has seen the release of a deluge of data about housing conditions and other housing statistics for England. Housing in England 2007-08, is the last report from the Survey of English Housing. (The survey was merged with the English House Condition Survey into the new English Housing Survey in 2008.) For a copy of the report, click here. An historical perspective, Fifteen years of the Survey of English Housing: 1993-94 to 2007-08 has also been published. For a copy, click here. The English House Condition Survey - 2007 Annual Report presents detailed findings from the 2007 survey on the housing conditions and energy performance of the stock. For a copy, click here. For the latest information about activity in the social housing sector readers will want to access Housing Association and Local Authority Key Findings Digest for lettings and sales 2009. For a copy, click here.

Eligibility for Housing: family members of nationals of the A8 and A2 EU countries who are working in the UK will now themselves enjoy further rights. The changes were made on 2 October 2009 by the Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2009 SI 2426. For the regulations, click here. For the memorandum explaining them, click here.

Clampdown on Temporary Accommodation: the Government is on course to achieve its target of a 50% reduction of the number of homeless households in temporary accommodation by 2010. New (i.e. reduced) subsidy arrangements will apply to temporary accommodation provided by a local authority after April 2010. For the new regulations changing the subsidy arrangements, click here. For the memorandum explaining them, click here.

Instant eviction by the police: the Government announced on 29 September 2009 that, as soon as Parliamentary time allows, new legislation will be introduced to enable the police to initiate a Domestic Violence Protection Order, also known as a 'Go' order, barring perpetrators of domestic violence from their homes for up to a fortnight. They will be piloted in two police force areas to test the impact on the criminal justice system. Further details will be published later this autumn. For more details of the recent announcement, click here.

The Latest Housing Case Law

30 July 2009
R(A) v Leicester CC and Hillingdon LBC
[2009] EWHC 2351 (Admin)
The claimant, a teenage girl, arrived unaccompanied in the UK and sought asylum. After a period in detention, she was released into the care of Hillingdon. It immediately provided accommodation but then Ms A told social workers that she wished to live with a particular family in Leicester. She voluntarily left Hillingdon and went to live with that family. When that arrangement broke down, she applied again for accommodation under Children Act 1989 s20. Both authorities declined to assist, indicating that the other owed the necessary duty. The High Court declared that the duty of Hillingdon had not been brought to an end and that, in the events that had happened, Leicester had also been subject to a duty. Concurrent duties were owed and both authorities had been in breach of their duties.

Housing Law Articles

Water-tight agreements
(tenancy agreement provisions on rent and service charges)
G. Haden
[2009] Inside Housing 2 October p35
For a copy of article, click here.

Housing Law Consultations

[THIS WEEK] Closing on 8 October 2009
The Ministry of Justice Consultation on re-focusing priority in legal aid, particularly in judicial review and other public interest cases. For a copy of the consultation paper, click here.

[THIS WEEK] Closing on 9 October 2009
The consultation on the Government's proposed statutory directions to the TSA as to the standards it sets for social landlords. For a copy of the consultation paper, click here.

Closing on 14 October 2009
The consultation on proposals to extend the protection of tenants who find themselves facing eviction when their landlords default on mortgage payments. For a copy of the consultation paper, click here.

Closing on 23 October 2009
The consultation on the new Housing Allocation Code of Guidance for England. For a copy of the consultation draft, click here.

Closing on 30 October 2009
The consultation on extending the remit of the new social housing regulator (the Tenant Services Authority) to cover council housing as well as housing associations. For a copy of the consultation paper, click here.

Closing on 26 November 2009
The consultation exercise on proposed changes to the Approved Document for Part J (Combustion appliances and fuel storage systems) of the Building Regulations. For a copy of the consultation paper, click here.

Housing Law Events

[THIS WEEK] 8 October 2009
Obtaining Accommodation outside of the Housing Act 1996
A Garden Court Chambers evening seminar
For the details, click here.

[THIS WEEK] 9 October 2009
Housing & Support for Migrants
A LAG training day
For the details, click here.

13 October 2009
Social Housing Allocation
A Lime Legal Conference in London
For the details, click here.

14 October 2009
Anti Social Behaviour & Social Housing
A Lime Legal Conference in London
For the details, click here.

15 October 2009
Introduction to Disrepair
A HLPA training seminar
For the details, click here.

15 October 2009
Housing for Persons from Abroad
A Garden Court Chambers evening seminar.
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