Housing & Property Litigation

Disability Discrimination and Housing - All Change Again!

09/07/2008

For a number of years housing providers have had to have disability discrimination at the forefront of their minds whenever possession action has been contemplated. Guidance has been given by the court in a number of cases including the well publicised North Devon Homes v Brazier and more recently in Manchester City Council v Romano. Both of these cases were concerned with possession actions based on discretionary possession grounds.

Super-ASBO to the Rescue!

09/07/2008

In 1998 a new tool to tackle anti-social behaviour was born - the ASBO. In the following years, as the groups of organisations who could obtain ASBOs grew, so did the number of orders granted. However, over time ASBOs have been losing their appeal. Stretched above and beyond their original purpose, breached on almost 50 per cent of occasions, they have slowly become less and less popular.

Not Just HIP! Your obligations under the Energy Performance regime

09/07/2008

Most people will be aware that to sell a private residential property, Home Information Packs ('HIPs') are now needed. One of the key documents in the HIP is the Energy Performance Certificate.

Possession and Human Rights - Article 8 (Right to Respect for the Home)

09/07/2008

Until May 2008, it was well established that one joint tenant could serve a Notice to Quit and bring a tenancy to an end, regardless of whether the other joint tenant knew or consented to the service of the Notice. There were conditions to this rule, but this was the basic principle. However, in a historic decision of the European Court of Human Rights, this principle has been thrown into doubt.

Right to Light

03/12/2007

A significant case conducted this year in the High Court in London (Tamares Vincent Square Limited v Fairpoint Properties (Vincent Square) Limited [2007] EWHC 212), saw Ashfords Property Litigation team recovering substantial compensation for the owners of a building resulting from an infringement to its right to light. This decision was one of three leading cases in this area decided in the country this year.

Another way around restrictive covenants?

28/11/2007

With land values ever increasing and development land being at a premium, one of the fast growing areas of work for our Property Litigation team is advising on how to avoid or manage restrictive covenants that might otherwise prohibit development.

Tenancy Deposit Protection

09/11/2007

This guidance is aimed at private individuals renting one or more properties on assured shorthold tenancies.

Tolerated Trespassers - The Confusion Continues

28/06/2007

The Court of Appeal has recently delivered another judgment concerning the problem of Suspended Possession Orders ("SPOs") and Tolerated Trespassers in the case of London and Quadrant Housing Trust -v- Ansell.

Tolerated Trespassers and Assured Tenants: Clarification form the Court of Appeal

28/05/2007

Since the 2006 decisions given in Harlow v Hall and the subsequent Bristol v Hassan cases, there has been some confusion in the Courts and amongst social landlords as to whether assured tenants (as distinct from secure tenants) who are subject to the standard form suspended possession orders become tolerated trespassers after the date of possession given in the order.

All together now . . . Housing Associations and CDRPs

01/04/2007

This summer, Housing Associations will see a change to their legal status in relation to the Crime and Disorder Reduction Partnerships (CDRPs) operating within their area.

Tackling Anti Social Tenants in the Private Sector

29/07/2006

Local authorities already have many tools which they can use to tackle anti-social behaviour. They can seek possession orders against their own tenants. In recent years, their ability to commence injunction actions has increased and they were one of the first types of organisation to be given powers to apply for Anti Social Behaviour Orders.

Concerned about Procurement Obligations and State Aid?

30/06/2006

The UK government has bowed to Brussels and accepted that the European procurement rules apply to housing associations.

Former Tenant's Belongings

30/06/2006

Work and Families Bill passed by The House of Lords

Read All About It! The Publication of Anti Social Behaviour orders

30/06/2006

Congratulations. After several trips to Court you have successfully obtained an Anti-Social Behaviour Order.

Suspended Possession Orders

30/04/2006

In the two and a half months which have passed since the Court of Appeal gave their judgment in the case of Harlow District Council v Hall both landlords and tenants have been in a state of some confusion.

Guide to Completing the Incident Diary

03/04/2006

When is a tenant a tenant?

31/03/2006

This question was recently considered by the Court of Appeal in the case of Harlow District Council v Norman John Hall, in which the court considered the effect of a bankruptcy order on a residential tenancy and the meaning of the standard form of possession order used by the Court Service.

Is this the end of the road for travellers?

01/03/2006

The House of Lords has recently grappled with the difficult task of balancing the rights of gypsies and travellers to continue a travelling lifestyle, with the rights of public sector landowners to take action against anyone trespassing on their land.

Tolerated Trespassers - case law update

01/02/2006

What is a tolerated trespasser? A secure tenant becomes a tolerated trespasser if he or she breaches the terms of a suspended possession order but the Landlord does not then evict the former tenant from the property

Anti social behaviour orders - the facts

01/01/2006