|
HOUSING
LAW NEWS & POLICY ISSUES
|
|
Sex-for-rent charges
On 25 January 2021 the Crown
Prosecution Service reported that
Christopher Cox had been charged with
two counts of inciting prostitution for
gain and one count of controlling
prostitution. It is believed that these
are the first charges in England and
Wales arising from allegations of
sex-for-rent. For the CPS report, click
here.
Covid-19, homelessness and the
private rented sector
On 28 January 2021 the Commons Housing,
Communities and Local Government
Committee examined the impact that
Government policies designed to support
individuals in precarious housing or
rough sleeping have had during the
Covid-19 pandemic. In doing so, the
Committee questioned Eddie Hughes MP,
Parliamentary Under Secretary of State
for Rough Sleeping & Housing, and
Penny Hobman, Director for Homelessness
and Rough Sleeping at MHCLG. The
Committee also investigated whether
mechanisms are in place to address these
issues in the long-term or whether there
is a looming ‘cliff edge’ if better
support is not in place, including the
risks of eviction for the hundreds of
thousands of households in rent arrears.
To view the session, click
here.
Civil Procedure Rules PD 55C
The 127th Practice Direction
Update made various changes, including
changes to CPR Practice Direction 55C
which was updated, from 29 January 2021,
to extend the validity of the PD to 30
July 2021 and to alter the end of the
period for filing and service of a
reactivation notice (and related
requirements) from 29 January 2021 to 30
April 2021. For a note on Nearly Legal
concerning the update to PD 55C, click
here. For the PD
itself, click
here. For other changes
to Practice Directions introduced by the
Update and for amendments to the Civil
Procedure Rules (the latter taking
effect on 6 April 2021), click
here.
Statutory homelessness: July to
September 2020 – England
On 28 January 2021 the MHCLG
published statistics on statutory
homelessness in England. Between July to
September 2020:
- 68,680 households were initially
assessed as homeless or threatened
with homelessness and owed a statutory
homelessness duty, down 7.0 per cent
from the previous year.
- 31,510 households were assessed as
being threatened with homelessness,
and therefore owed a prevention duty,
down 16.9 per cent from the same
quarter last year and linked to a 41.5
per cent decrease in threatened
homelessness due to service of a
Section 21 notice to end an assured
shorthold tenancy.
- 37,170 households were initially
assessed as homeless and therefore
owed a relief duty, up 3.6 per cent
from the same quarter last year,
driven mainly by single males.
- 7,380 households had their main
homelessness duty come to an end, down
5.6 per cent from July to September
2019.
On 30 September 2020 the number of
households in temporary accommodation
was 93,490, up 7.0 per cent from 87,390
on 30 September 2019. This increase is
driven by single adult households, up
42.7 per cent to 27,410. These changes
can be linked to the government and
local authority response to Covid-19
including:
- households accommodated under the
‘Everyone In’ campaign, whereby local
authorities were asked to provide
emergency accommodation to rough
sleepers, people who were living in
shelters with shared sleeping
arrangements, and those at risk of
rough sleeping; and
- the restriction on private rented
sector evictions, and lengthened
notice periods for landlords.
For the full statistics, click
here. For tables,
showing the figures organised by various
criteria, including local authority, click
here.
Rough sleeping – London
On 29 January 2021 the Combined
Homelessness and Information Network
(CHAIN) published data showing that from
October to December 2020, 3,307 people
slept rough across London, with 412
people living on the streets for weeks
at a time during this period – a 23 per
cent increase on the previous quarter.
The figures also show:
- 1,582 people were new to rough
sleeping during this period, a 17 per
cent drop from the last quarter and a
9 per cent decrease from the same
period last year.
- Despite this, 47 people who were new
to rough sleeping during this period
went straight to living on the streets
for weeks at a time, a 47 per cent
increase on the previous quarter and a
31 per cent increase on the same
period last year.
- 535 people were accommodated in
Covid-19 emergency accommodation
during this quarter, a 58 per cent
drop since the previous quarter.
For the figures, as reported by
Crisis, together with the charity’s
comment on them, click
here.
Anti-social behaviour: guidance
On 29 January 2021 the Home Office
published guidance relating to the
Anti-Social Behaviour, Crime and
Policing Act 2014, which builds on
previous updates to make sure there is a
greater focus on the impact of
anti-social behaviour on victims. It
provides greater clarity on the process
of the Anti-Social Behaviour Case
Review, highlighting that relevant
bodies should always consider inviting
the victim or, if more appropriate,
their representative to case review
meetings to help the panel understand
their perspective. It also explains that
local areas can have independent chairs
at review meetings to provide an
external view on the case. For the
guidance, click
here. For the related
press release, click
here. For a short guide
to anti-social behaviour complaints,
published by the House of Commons
Library on 29 January 2021, click
here.
Queen’s Bench Guide 2021
On 26 January 2021 the Judiciary of
England and Wales published the 2021
update of the Queen’s Bench Guide. For
the update, click
here.
Civil legal aid application
forms changed
On 28 January 2021 the Legal
Aid Agency announced that it has made
changes to the civil legal aid
application forms to reflect amendments
to the eligibility regulations removing
the mortgage cap as part of the means
test for civil legal aid. Previous
versions of the application forms will
continue to be accepted until 31 March
2021. However, the previous forms still
refer to the mortgage cap and providers
must ensure that the correct regulations
are applied in the calculation of an
individual's means and therefore the
full mortgage/secured loan must be
deducted. The new forms should be used
by advisers as soon as possible. For
further details of the changes to
eligibility criteria, click
here.
Funding for support of domestic
abuse victims
On 1 February the Ministry of
Justice announced that victims of rape
and domestic abuse will be helped by a
further £40m of funding for specialist
support services which is intended to
help organisations recruit more staff,
keep helplines open for longer and adapt
to remote counselling where necessary.
Funding of £16 million will aid the
recruitment of more independent sexual
violence and domestic abuse advisers
across the country. For the
announcement, click
here.
£30 million Waking Watch Relief
Fund open for applications
On 31 January 2021 the MHCLG
announced a £30 million fund designed to
protect leaseholders from the high costs
of Waking Watches, where a building is
continually patrolled in case of a fire.
The fund will provide financial support
for fire alarms, which will also make
buildings safer in the long term. The
fund will be distributed through
councils, regional authorities and
directly through the MHCLG, depending on
the location of the building. The
funding is available for buildings
across England which are over 18 metres
with unsafe cladding systems; £22
million has been targeted to the cities
with most high-rise buildings with
unsafe cladding, including Manchester,
Birmingham and Leeds. For the
eligibility criteria, click
here. For an outline of
the average cost of waking watch per
building, click
here. For the
announcement of the fund, click
here.
Labour calls for Government
action over cladding
On 1 February 2021 the Labour Party
announced that it would use an
opposition day motion to urge the
Government to help leaseholders facing
the cost of making safe the cladding of
their properties. The party says up to
11 million people may live in properties
with unsafe cladding. In the House of
Commons Thangam Debbonaire moved: “That
this House calls on the Government to
urgently establish the extent of
dangerous cladding and prioritise
buildings according to risk; provide
upfront funding to ensure cladding
remediation can start immediately;
protect leaseholders and taxpayers from
the cost by pursuing those responsible
for the cladding crisis; and update
Parliament once a month in the form of a
Written Ministerial Statement by the
Secretary of State.” The motion was
carried by 263 votes to none, with most
Conservative members abstaining.
For the Hansard report of the debate, click
here. For a report in
the Guardian, click
here. For an LGA
position statement on the costs to
leaseholders of the remediation of
dangerous cladding, click
here.
New standard tenancy agreement
to help renters with pets
On 28 January 2021 the MHCLG published a
new Model Agreement for a shorthold
assured tenancy under which landlords
will no longer be able to issue blanket
bans on pets. Instead, consent for pets
will be the default position, and
landlords will have to object in writing
within 28 days of a written pet request
from a tenant and provide a good reason.
For the Model Agreement, click
here. For the
announcement, click
here.
LGA Housing Advisers’ Programme
On 28 January 2021 the Local
Government Association announced the 17
successful applicants for its Housing
Advisers Programme 2020/21 (HAP), a
scheme to help councils overcome housing
challenges in their local areas, address
the impact of COVID-19 on the housing
crisis and meet the housing needs of
local communities. For the announcement,
click
here.
Public Health (Protection from
Eviction) (Wales) (Coronavirus)
Regulations 2021 – 28 January 2021
review
On 28 January 2021, the Welsh Minister
for Housing and Local Government, as
required by Reg 3 of the above
Regulations, reviewed the need for the
restrictions and requirements imposed by
the Regulations and concluded that,
given the continued prevalence of
Covid-19 in the community and the
decision that Wales should remain at
Alert Level 4, the Regulations should
not be modified or revoked. For the
Minister’s statement, click
here.
Youth homelessness – Wales
On 28 January 2021 the Welsh
Government launched a campaign urging
young people who are at risk of
homelessness or already homeless to call
a free Housing Advice Helpline run by
Shelter Cymru and Llamau. For details, click
here.
Grenfell Tower Inquiry
On 28 January 2021 the Grenfell Tower
Inquiry published an update on its work.
The update provides a digest of:
Resumption of hearings; Phase 2 modules
structure; disclosure figures; core
participants; drop-in sessions. For the
Update, click
here.
Housing Ombudsman finds severe
maladministration
On 27 January 2021 the Housing Ombudsman
reported that its investigation had
found that Orbit, as landlord, failed to
ensure that a family had a properly
working heating and hot water system
over a period of at least eight months.
The Ombudsman found severe
maladministration with the landlord’s
handling of the complaint about repairs
to the heating and hot water system
after it stopped working. The mother and
son were provided with heaters as a
short term solution but the problems
continued for several months, during
which time they took out gym membership
in order to shower. A new heating system
was installed but broke down a week
later and also caused damage to the
property. In response to the complaint,
the landlord offered £200 in
compensation which the resident did not
accept as she had claimed for other
costs incurred.
The Ombudsman ordered the landlord to:
pay the resident £1,460 compensation;
consider payment for actual losses such
as the cost of gym membership; and
review its responsibilities to carry out
repairs to address damage caused to the
property. The Ombudsman also recommended
that the landlord should provide
training to staff on complaint handling.
For the report, click
here.
Council prosecutes landlord over
fire risk flat
On 19 January 2021 Croydon Council
reported that a man who let out a former
bank vault as an illegal and dangerous
flat has been ordered to pay over £9,400
and will be added to a London list of
rogue landlords after being convicted of
housing offences. At Croydon
Magistrates’ Court, Anthony Roy Roe was
convicted in his absence of both
breaking a prohibition order and failure
to license the property via the landlord
licensing scheme. Mr Roe was ordered to
pay a £2,640 fine for breaking the
prohibition order, the council’s full
costs of £6,624, and a £170 victim
surcharge. For the report, click
here.
Ministry of Housing, Communities
and Local Government: NAO Departmental
Overview 2019-20
On 28 January 2021 the National Audit
Office published a summary of the MHCLG,
its spending in 2019-20, its major areas
of activity and performance, and the
challenges it is likely to face in the
coming year, based on the insights from
the NAO’s financial audit and value for
money work. For the report, click
here.
|
|
HOUSING
LAWS IN THE PIPELINE
|
|
Telecommunications
Infrastructure (Leasehold Property)
Bill
This Government bill would amend the
electronic communications code set out
in Schedule 3A to the Communications Act
2003; by doing so, it would address one
stated policy barrier: making it easier
for telecoms companies to access
multi-dwelling buildings (such as blocks
of flats) where a tenant has requested a
new connection, but the landlord has not
responded to requests for access rights.
The bill received its first reading in
the House of Commons on 8 January 2020
and its second reading on 22 January
2020. For the second reading debate, click
here. The committee
stage was completed on 11 February 2020.
For the committee debate, click
here. The third reading
in the House of Commons was on 10 March
2020; for the debate, click
here. First reading in
the House of Lords was on 11 March 2020.
The second reading was on 22 April 2020.
The committee stage was completed on 2
June 2020 and the report stage on 29
June 2020. The third reading was on 28
January 2021. The House of Lords have
returned the Bill to the House of
Commons with amendments. The amendments
will be considered on the floor of the
House on a date to be announced. For the
bill, as amended by the Lords, click
here. To follow
progress of the bill, click
here. For a briefing,
prepared by the House of Commons Library
after second reading in the House of
Commons, click
here.
Renting Homes (Amendment)
(Wales) Bill
This Welsh Government bill seeks to
amend the Renting Homes (Wales) Act 2016
to provide greater security for people
who rent their homes in Wales. This will
particularly affect those who live in
the private rented sector and occupy
their homes under a ‘standard occupation
contract’, the equivalent to the current
assured shorthold tenancy, after the
2016 Act comes into force. This
additional security will primarily be
achieved by extending the minimum notice
period for issuing a section 173 notice
under the 2016 Act (the equivalent of
the current section 21 notice under the
Housing Act 1988) from two months to six
months. Landlords will also be prevented
from issuing such a notice until at
least six months from the date of
occupancy. Further provisions will also
ensure that landlords are unable to
issue rolling ‘speculative’ notices on a
‘just in case’ basis. The bill was
introduced in the Senedd on 10 February
2020. The Stage 1 motion to agree the
general principles of the Bill was
agreed in Plenary on 13 October 2020.
Stage 2 began on 14 October 2020. Stage
2 consideration took place in Committee
on 27 November 2020. Stage 3 commenced
on 30 November 2020. Stage 3
consideration will take place in Plenary
on 10 February 2021 to consider
amendments to the Bill (as amended at
Stage 2). Amendments may now be tabled
to the Bill (as amended at Stage 2). For
the bill as amended at Stage 2, all
other documents relating to it, and to
follow progress on the bill, click
here.
Fire Safety Bill
This Government bill
would make provision about the
application of the Regulatory Reform
(Fire Safety) Order 2005 where a
building contains two or more sets of
domestic premises; and would confer
power to amend that order in future for
the purposes of changing the premises to
which it applies. The bill completed its
final stages in the House of Commons on
7 September 2020. It received its first
reading in the House of Lords on 8
September 2020 and its second reading on
1 October 2020. The committee stage was
completed on 29 October 2020. The report
stage took place on 17 November 2020.
The third reading took place on 24
November 2020. The House of Lords have
returned the Bill to the House of
Commons with amendments. The amendments
will be considered on the floor of the
House on a date to be announced. For the
bill, as amended on report, click
here. To read debates
on all stages of the bill, click
here. For a briefing
note prepared by the Local Government
Association on second reading in the
House of Lords, click
here. To follow
progress of the bill, click
here.
Supported Accommodation
Bill
This private member’s bill, sponsored by
Steve McCabe, would require developers
to disclose for planning purposes an
intention to use a building for
supported housing or other accommodation
that is specified for the purposes of
Universal Credit and Housing Benefit;
establish a suitability test for
accommodation proposed for such use; and
make provision about the fitness of
persons to be landlords or managers of
supported or other specified
accommodation. The bill had its first
reading on 18 November 2020 and is due
to have its second reading on a date to
be announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Supported Housing
(Regulation) Bill
This private member's bill, sponsored by
Kerry McCarthy, would regulate supported
housing; make provision about local
authority oversight and the enforcement
of standards of accommodation and
support in supported housing; and
prohibit the placing of children in care
in unregulated accommodation. It
received its first reading on 11
November 2020. The second reading has
been further postponed to a date to be
announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Domestic Properties
(Minimum Energy Performance) Bill
This private member’s
bill, sponsored by Sir David Amess,
would require the Secretary of State to
ensure that domestic properties have a
minimum energy performance rating of C
on an Energy Performance Certificate; to
give the Secretary of State powers to
require persons to take action in
pursuance of that duty. The first
reading was on 14 July 2020 and the
second reading has been further
postponed to a date to be announced. The
bill is being prepared for publication.
To follow progress of the bill, click
here.
Sublet Property (Offences)
Bill
This private members’ bill,
sponsored by Sir Christopher Chope,
would make the breach of certain rules
relating to sub-letting rented
accommodation a criminal offence and
would make provision for criminal
sanctions in respect of unauthorised
sub-letting. The bill is being prepared
for publication. It received its first
reading on 10 February 2020. The second
reading has been yet further postponed
to a date to be announced. To follow
progress of the bill, click
here.
Mobile Homes and Park Homes
Bill
This private members’ bill, sponsored by
Sir Christopher Chope, would require the
use of published criteria to determine
whether mobile homes and park homes are
liable for council tax or non-domestic
rates; make provision in relation to the
residential status of such homes; and
amend the Mobile Home Acts. The bill is
being prepared for publication. It
received its first reading in the House
of Commons on 10 February 2020. The
second reading has been yet further
postponed to a date to be announced. To
follow progress of the bill, click
here.
Mobile Homes Act 1983
(Amendment) Bill
This private members’ bill, sponsored by
Sir Christopher Chope, seeks to amend
the Mobile Homes Act 1983. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been yet further postponed
to a date to be
announced. For the bill as introduced, click
here. To follow
progress of the bill, click
here.
Houses in Multiple
Occupation Bill
This private member’s
bill, sponsored by Ian Levy, would amend
the law relating to the licensing of
houses in multiple occupation and
increase penalties for the contravention
of such licences. The bill received its
first reading on 9 September 2020. The
second reading has been further
postponed to a date to be announced. The
bill is being prepared for publication.
To follow progress of the bill, click
here.
Homeless People (Current
Accounts) Bill
This private members’ bill, sponsored by
Peter Bone, would require banks to
provide current accounts for homeless
people seeking work. The bill is being
prepared for publication. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been further postponed to a
date to be announced. To follow progress
of the bill, click
here.
Caravan Sites Bill
This private members’ bill,
sponsored by Sir Christopher Chope,
would amend the Caravan Sites and
Control of Development Act 1960 to
remove planning permission requirements
for caravan site licence applicants. It
received its first reading in the House
of Commons on 10 February 2020. The
second reading has been further
postponed to a date to be announced. For
the bill as introduced, click
here. To follow
progress of the bill, click
here.
Asylum Seekers
(Accommodation Eviction Procedures)
Bill
This private members’
bill, sponsored by Chris Stephens, would
make provision for asylum seekers to
challenge the proportionality of a
proposed eviction from accommodation
before an independent court or tribunal
and would establish asylum seeker
accommodation eviction procedures for
public authorities. The first reading
was on 10 February 2020. The second
reading has been postponed to a date to
be announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Vagrancy (Repeal) Bill
This private members’ bill, sponsored by
Layla Moran, would repeal the Vagrancy
Act 1824. It received its first reading
in the House of Commons on 18 March
2020. The second reading has been
further postponed to a date to be
announced. For the bill as introduced, click
here. To follow
progress of the bill, click
here.
Domestic Premises (Energy
Performance) Bill
This private member’s bill, sponsored by
Lord Foster of Bath, would require the
Secretary of State to ensure that
domestic properties have a minimum
energy performance rating of C on an
Energy Performance Certificate; to make
provision regarding performance and
insulation of new heating systems in
existing properties. The first reading
was on 8 January 2020 and the second
reading on 7 February 2020. The
committee stage will commence on a date
to be appointed. For the bill, as
introduced, click
here. To follow
progress of the bill, click
here.
Rented Homes Bill
This private member’s bill, sponsored by
Baroness Grender, would amend the
Housing Act 1988 to abolish assured
shorthold tenancies; and to extend the
grounds upon which landlords of
residential housing may recover
possession. First reading took place on
22 January 2020. The second reading will
be on a date to be announced. For the
bill, as introduced, click
here. To follow
progress of the bill, click
here.
Evictions (Universal Credit
Claimants) Bill
This private members’ bill, sponsored by
Chris Stephens, seeks to place a duty on
the Secretary of State to prevent the
evictions of Universal Credit claimants
in rent arrears. The bill is being
prepared for publication. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been further postponed to a
date to be announced. To follow progress
of the bill, click
here.
Housing Act 2004
(Amendment) Bill
This private members’ bill, sponsored by
Sir Christopher Chope, seeks to amend
Part 3 of the Housing Act 2004 to
provide that any selective licensing
scheme for residential accommodation
extends to social housing. The bill is
being prepared for publication. It
received its first reading on 10
February 2020. The second reading has
been further postponed to a date to be
announced. To follow progress of the
bill, click
here.
|
|
Make
Sure you Keep Up to Date
with Housing Law Week
Don’t
miss out on
your weekly
updates!
Sign
up here now
to ensure you
receive your
own free copy
of Housing
Law Week
straight to
your desktop
each week.
|
|
|
|
|
Croydon London Borough
Council v Kalonga
[2021] EWCA Civ 77 (27 January 2021)
This case looks at whether a landlord
can terminate a fixed-term flexible
tenancy before the end of the term where
there is not a forfeiture clause
included in the tenancy agreement. It
also considers what can be termed as a
forfeiture clause.
Facts
The respondent tenant was subject to a
flexible tenancy for a fixed term of
five years from 25 May 2015 until 24 May
2020. On 2 August 2017 the landlord,
Croydon London Borough Council
(‘Croydon’) served notice seeking
termination of the tenancy agreement and
recovery of possession. The notice
relied on grounds 1 and 2 of Schedule 2
to the Housing Act 1985. Croydon then
issued a claim for possession on grounds
1 and 2 of Schedule 2, namely rent
arrears of £703.04 and alleged
anti-social behaviour. No claim was made
on the ground of forfeiture.
Judgment in the High Court
The case was transferred to the High
Court for consideration of the correct
manner in which to determine a secure
flexible tenancy during the fixed term,
and whether forfeiture principles apply.
It was found that the tenancy agreement
did not include a forfeiture clause and
that, in the absence of such a clause,
Croydon did not have any right to
determine the tenancy agreement prior to
the expiry of the fixed term. It was
further found that Croydon did not need
(i) to serve notice under section 146 of
the 1925 Act or (ii) to bring
proceedings for an order under section
82(3) of the 1985 Act.
The Law
Prior to the enactment of the Localism
Act 2011, most secure tenancies were
periodic tenancies rather than fixed
term tenancies. A flexible tenancy is a
secure tenancy granted by a landlord in
England who has notified the tenant in
writing prior to entering into the
tenancy that it would be flexible and
for a fixed term of not less than two
years. Flexible tenancies were
introduced by Part 7 of the 2011 Act.
Section 82 of the Housing Act 1985 does
two main things. First, it makes
provision for possession against a
periodic tenancy. Secondly, it makes
provision for termination of a fixed
term tenancy and its subsequent
replacement with a periodic tenancy.
There are three methods by which it
allows a landlord to terminate a
tenancy. The landlord may obtain an
order for possession and execution of
the order or obtain a demotion order
under section 82A.
The third option is set out at s.82(3):
“Where a secure tenancy is a tenancy for
a term certain but with a provision for
re-entry or forfeiture, the court shall
not order possession of the
dwelling-house in pursuance of that
provision, but in a case where the court
would have made such an order it shall
instead make an order terminating the
tenancy on a date specified in the order
and section 86 (periodic tenancy arising
on termination of fixed term) shall
apply.”
Section 82 also specifies that Section
146 of the Law of Property Act 1925,
restriction on and relief against
forfeiture, shall apply in cases where
the landlord is relying on a provision
for re-entry or forfeiture.
The Judgment
The court noted the purpose of section
82, to protect tenants by providing them
with security of tenure, and the need to
interpret it to give effect to that
purpose [50]. It held that as a matter
of contract the words “subject to
termination by the landlord” in section
82(1) must mean termination by any
lawful means available, this being the
natural interpretation supported by the
difference in wording between the
subsections, and the interpretation
which allows a tenant to have full
security of tenure [53].
The court found that there is a clear
legislative intent that a periodic
tenancy can only be brought to an end by
obtaining an order for possession, while
a fixed term tenancy can only be brought
to an end by obtaining an order for
termination pursuant to a forfeiture
clause (whereupon a periodic tenancy
will come into effect pursuant to
section 29) [55].
There was no previous authority which
was directly in point. Both sides relied
upon earlier authorities as supporting
their interpretation. The decision is
consistent with the finding in Islington
LBC v Uckac [2006] EWCA Civ 340,
[2006] 1 WLR 1303 that section 82, read
together with section 84, impliedly
removed any right of the landlord to
bring a secure tenancy to an end by
rescission, and Schedule 2 provided an
exhaustive code of the grounds upon
which a landlord could bring a secure
tenancy to an end and obtain an order
for possession.
It was acknowledged that this position
is slightly inconsistent with what was
said in Livewest Homes Ltd v Bamber
[2019] EWCA Civ 1174, [2019] 1 WLR
6389. That case looked at whether a
fixed term tenancy with a break clause
was a tenancy for a “term certain”. The
Court of Appeal stated there that “[a]
tenancy granted for a fixed term of,
say, two years is limited by grant to a
term certain of that duration
notwithstanding that it may be brought
to any end sooner by forfeiture or by
the operation of a break clause. ….”. In
moving away from this, the court in the
present case noted that in Livewest
the court had not undertaken the same
full exploration of section 82 [60].
The court thereby agreed, albeit upon
different reasoning, with the High Court
in finding that “a fixed term flexible
tenancy can only be terminated by the
landlord if the tenancy agreement
contains a forfeiture clause” [61]. It
went on to consider whether the present
tenancy contained a forfeiture clause.
The court clarified that the dictum of
Lord Templeman in Billson v
Residential Apartments Ltd [1992]
1 AC 494 at 534 does not support the
contention that a clause which provides
for an application to be made to the
court for a possession order qualifies
as a forfeiture clause [68]. It
therefore found that in the present case
the tenancy agreement did not have a
forfeiture clause.
It was further found that section 82(4)
is clear that, in addition to the
requirement of a forfeiture clause,
where applicable, a notice under section
146 of the 1925 Act must be served. A
landlord may serve a notice under
section 146 and a notice under section
83(1)(a) of the 1985 Act, proceedings
both for termination of the fixed term
tenancy and possession against the
periodic tenancy which will then arise
[62-63].
Summary by Parissa
Najah, barrister, Trinity
Chambers. For the
judgment, click
here.
|
|
HOUSING
LAW CONSULTATIONS
|
|
Right to Regenerate: reform of
the Right to Contest
This consultation is to help to
shape a reform of the Right to Contest,
in order to encourage the right to be
utilised more effectively and more
widely to stimulate regeneration and the
more productive use of land. Strand 2 of
the Community Right to Contest allows
members of the public to request that
the government directs the disposal of
unused or underused land, including
vacant homes and garages, owned by
public bodies. This right is
little-known and little-used, with only
one direction to dispose issued since
2014.
The aim of this consultation, which will
close on 13 March 2021,
is to strengthen the right and make it
simpler to use as the new ‘Right to
Regenerate’. This will provide a quicker
and easier route for individuals,
businesses and organisations to
identify, purchase and redevelop
underused or empty land in their area.
In turn, the strengthened right will
support greater regeneration of
brownfield land, boost housing supply
and empower people to turn blights and
empty spaces in their areas into more
beautiful developments. For the
consultation document, click
here.
Safer buildings in Wales
The Welsh Government is
consulting on proposals for
comprehensive reform of legislation that
contributes to building safety in Wales.
It focuses on legislative change across
the lifecycle of buildings as well as
setting out aspirations for culture
change in the way buildings are
designed, constructed and managed. The
consultation ends on 12 April
2021. For the consultation
documents, click
here.
|
|
HOUSING
LAW ARTICLES & PUBLICATIONS
|
|
Lancashire Hot Pot – waiver
of forfeiture and landlord knowledge
of breach Giles
Peaker Nearly Legal 26 January
2021 – to read the article, click
here
What are the signs of
domestic abuse? Pascale
Day Centrepoint Blog 26
January 2021 – to read the article, click
here
Finding new ways to provide
gender-informed support Beverley
Alder and Nicole Forster Homeless
Link 26 January 2021 – to read
the article, click
here
What the Social Housing
White Paper says about: consumer
regulation CIH
Blog 27 January 2021 – to read
the article, click
here
Housing conditions: update
(Feb 21) Catherine
O'Donnell Legal Action
February 2021– to read the article
(subscription required), click
here
|
|
8 February 2021
Grenfell Tower Inquiry Module 2
hearings to resume (see Housing Law
News and Policy Issues)
10 February 2021
Consideration in Plenary of
amendments to the Renting Homes
(Amendment) (Wales) Bill (as amended at
Stage 2) (see Housing Laws in the
Pipeline)
18 February 2021
Closing date for legal aid
tenders for housing and debt advice
|
|
Advertise
your vacancy to Housing Law Week
Readers
Send
details of the vacancy and a link to
the vacancy on your website to info@limelegal.co.uk
|
|
Lettings
Assistant – Fixed Term Contract
|
Hightown
Housing association
Click
here for
details
|
|
|
Service
Charge Income Collection Officer
|
Royal
Borough of Kensington and Chelsea
Click
here for
details
|
|
|
Sheltered
Housing Officer
|
|
|
|
Account
Manager
|
Brighton
and Hove City Council
Click
here for
details
|
|
|
Homeless
Accommodation Officer
|
|
|
|
Housing
Delivery Project Officer
|
London
Borough of Hounslow
Click
here and
insert ‘housing’ in key words
|
|
|
Tenancy
Sustainment Officer
|
Milton
Keynes Council
Click
here and
scroll for details
|
|
|
Housing
Technical Officer (Part time)
|
Tonbridge
& Malling District Council
Click
here for
details
|
|
|
Housing
Allocations Manager
|
Milton
Keynes Council
Click
here and
scroll for details
|
|
|
|
Lime Legal
Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
|
|
|
|
|