Issue 21 - 19th June

Monday 19 June 2006

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Government & Legislation

On 13 June 2006 the Housing Corporation announced a 'crackdown' on housing associations that do too little to involve residents in the running of the association. This follows the report of the Review of Regulatory and Compliance Requirements by Sir Les Elton. For the Corporation's press notice Click Here

On 14 June 2006, the Government rolled-out the latest preparations for next year's commencement of the Home Information Pack provisions of the Housing Act 2004. They include the HIP regulations:

Click here for the regulations

Click here for the Explanatory Memorandum

Click here for the details of the certification scheme

Click here for the DCLG's press notice outlining these developments

Carphone Warehouse PLC v Malekout [2006] EWCA Civ 767, 14 June CA. The claimant landlord sought possession against a statutory tenant on the ground that he had ceased to occupy. He defended on the basis that he was out of occupation because of the poor condition of the property and he counterclaimed for disrepair. The case was compromised on the basis that the landlord would undertake specific works, pay for storage of furnishings and waive rent until work was completed. After carrying out work, the landlord sought possession again on the basis that the tenant had ceased to occupy. The tenant claimed the work had not been completed. The judge decided that the work had been completed but the tenant had not ceased to reside as he had intended to go back on completion of the works and had not lost that intention. The Court of Appeal dismissed an appeal. Click Here to read the full judgment

Warborough Investments v Central Midlands Estate [2006] All ER (D) 146 (Jun). A lease provided for rent increases by the landlord's service of a rent notice (unless a counter-notice be served by the tenants). The lease stated that notice could be served by leaving it at the demised premises or by sending it by registered post to the tenants' last known address. The landlord decided to serve a rent notice. It took into account that service at the property was less likely to produce a counter-notice and so served notice there. The tenants claimed that they did not receive it but would have received it the notice had been sent by registered post to their address. The judge upheld the notice as validly served.

Coming Events

30 June 2006 - Housing dispute resolution. A Law Society Conference.
More details from Jon Woolf on 0207 320 5673

4 July 2006 - Housing Law: The Legal Update in York.
Click here for more details

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