Social Housing - October 2007

In this edition we look at the recent guidance given for disability discrimination cases, the consultation paper from the Law Commission concerning a tribunal for housing disputes, Office of Fair Trading guidance on shared ownership leases, service charge update, rent arrears protocol update and recent case law.

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Sian Evans joins Weightmans as a Partner and will be based in the Liverpool office. Sian comes highly recommended for social housing management work in the Chambers and Partners Directory

Disability discrimination- Malcolm v Lewisham LBC

This article was first published in Property People Focus September 2007. Sian Evans considers the recent decision: landlords need to be aware of the risk of trying to evict a tenant who is disabled under the Disability Discrimination Act 1995, even if the landlord thinks that the tenant no longer has any security rights under one of the housing acts

Housing: Proportionate dispute resolution. The role of tribunals

The Law Commission has issued a consultation paper, some 202 pages long. Andrew Logan reports on the Law Commissions paper and considers whether there should be a specialist adjudicatory body to determine those housing disputes that require formal determination.

Watchdog's wake up call to landlords!

The OFT watchdog (Office of Fair Trading) have recently been successful in discussions with the largest not-for-profit provider of housing for the elderly (Anchor Trust) to amend its long lease agreement terms. Karen Neald reports on the Office of Fair Trading who have recently given guidance on unfair terms in shared ownership lease.

Service charges – tenants’ rights

From October 2007 landlords will be required to notify tenants of long leases of their rights in respect of service charge and administration charge demands failing which tenants can withhold payment. Angela Penn considers the new reforms coming into force under the Commonhold and Leasehold Reform Act 2002.

Rent arrears protocol – practical guidance

The Pre- Action Protocol for Rent Arrears has been in force for almost a year now. Angela Penn summarises the guidance following a recent Court users forum. District Judges sitting at Birkenhead County Court have issued guidance as to the evidence to be produced at Court to prove compliance with the protocol.

Case law

The recent case of Islington London borough Council v Manelva Honeygan-Green [2007] EWHC 1270 (QB) reinforces the Courts view that a tenant, breaching a suspended possession order resulting in the tenant becoming a tolerated trespasser, can have a fatal impact on that tenant’s right to buy. Belinda Moore provides guidance on the implication of breaching a suspended possession order.

We hope that you find our bulletins 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. Sian 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.