05 July 2008

Social Housing - March 2008

In this edition we look at a recent case dealing with possession on disability discrimination, an overview of the Housing and Regeneration Bill...

... and consider how a criminal conviction can lead to an outright possession order and recent case law.

News

Sian Evans Property Litigation Partner has been appointed to the Law Society’s Housing Committee.  As part of her role in the committee, Sian will provide advice on forthcoming housing bills as well as dealing with housing issues on behalf of both landlord and tenant.  Sian will join the 14 member panel as one of the only lawyers representing a North West firm.

Sian Evans and Angela Penn were speakers at the Conference for North West Small Housing Associations held recently at Haydock Racecourse.  Sian and Angela spoke about the respect agenda and anti-social behaviour.

Disability discrimination still a factor when seeking possession?

The case of  Accent  Peerless Ltd  v Kingsdon, which was decided recently, considered the legal principles which have to be taken into account when deciding whether a possession order is made in a case where a tenant has a mental disability. Sian Evans considers the recent case of Accent Peerless Ltd v Kingsdon.

Housing Regeneration Bill

In this issue consideration is given to the recent bill which was published on 16 November 2007 being the Housing and Regeneration Bill which deals with the New Homes and Communities Agency and The Office for Tenants and Social Landlords. Karen Neald provides an overview of the Housing and Regeneration Bill which was recently published.

Outright possession orders and criminal convictions

The Court of Appeal in Sandwell MBC v Hensley [2007] EWCA Civ 1425 re-visited the position dealing with criminal convictions. Andrew Logan considers the recent case of Sandwell MBC v Hensley where the Court considered whether it was reasonable to make an outright possession order when a tenant had been convicted of various offences relating to cannabis.

Anti-social behaviour

ASBOs get technological.   Can the courts deal with on-line anti-social behaviour?  Belinda Moores reports.

Housing case laws

We highlight recent new cases of interest .  Case laws include R(Sarah Casey) v Restormel LBC, Wandsworth LBC v Randell and Waltham Forest LBC v Davis Maloba.

We hope that you find our bulletin informative and practical and we would welcome feedback on ways in which we can ensure that the bulletin best meets your needs.  The Bulletin’s editor is Sian Evans, Partner, who can be contacted at: sian.evans@weightmans.com

This update does not attempt to provide a full analysis of those matters with which it deals and is provided for general information purposes only and is not intended to constitute legal advice and should not be treated as a substitute for legal advice. Weightmans LLP accepts no responsibility for any loss that may arise from reliance on the information in this update. The copyright in this update is owned by Weightmans.