Housing

The Department for Communities and Local Government (DCLG) has issued guidance for park home residents in England explaining their rights and obligations under the Mobile Homes Act 1983.

We have published a new Practice note, Grounds for possession: secure tenancies setting out the grounds for possession under the Housing Act 1985 in relation to secure tenancies in England.

The Department for Communities and Local Government (DCLG) has published guidance on the application and appeal procedure for the review of affordable housing obligations on the grounds of viability (introduced by the Growth and Infrastructure Act 2013).

The government has published its response to the Home Affairs Committee report on the draft Anti-social Behaviour Bill.

The Localism Act 2011 (Commencement No 9) Order 2013 has been made.

In El-Dinnaoui v Westminster City Council [2013] EWCA Civ 231, the Court of Appeal has held that Westminster City Council's offer of a flat on the 16th floor of a block to a household which included an individual with a fear of heights was perverse.

On 20 March 2013, the Housing (Right to Buy) (Limit on Discount) (England) Order 2013 (SI 2013/677) was made. The Order came into force on 25 March 2013.

We have published a new flowchart on the right to buy under the Housing Act 1985.

In Ibrahim v London Borough of Wandsworth [2013] EWCA Civ 20, the Court of Appeal upheld a review decision by a local authority homelessness applications reviewer under section 202 of the Housing Act 1996 that failed to pick up a serious error in the council's original decision but had no adverse consequences for the applicant.

The Local Government Ombudsman has published report no 11 011 766 criticising Kettering Council for failing to apply the correct housing policy when faced with a housing application concerning a child with special needs.

A summary of the legal developments relevant to the public sector that are expected to take place in 2013, with links to relevant PLC coverage and materials.

In Pryce v London Borough of Southwark [2012] EWCA Civ 1572, the appellant successfully appealed the local authority's decision that, although she was homeless, she was not eligible for homelessness assistance as she was subject to immigration control within the meaning of the Asylum and Immigration Act 1996.  The transcript of the judgment has only recently become available on Bailii.

On 13 December 2012, the government published a draft Anti-Social Behaviour Bill for pre-legislative scrutiny.

In Southend on Sea v Armour [2012] EWHC 3361 (QB), the county court had correctly applied the Supreme Court jurisprudence that Article 8 of the European Convention on Human Rights applies to proceedings for possession of an introductory tenancy.

In R (Southern Landlords Association) v Thanet District Council [2012] EWHC 3187 (Admin), the High Court upheld Thanet District Council's scheme to license private landlords in a deprived area.

The Court of Appeal in Thurrock Borough Council v West [2012] EWCA Civ 1435 has allowed an appeal by Thurrock Borough Council against a decision allowing the grandson of a social housing tenant to remain in his grandparents' house following their deaths despite never having been a tenant or sub-tenant of the property.

PLC Public Sector and Emma Godfrey and Adrian Davis of Field Court Chambers have published a new practice note on duties and powers of local authorities under Part VII of the Housing Act 1996 in relation to homelessness.

The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012 (SI 2012/2625) has been laid before Parliament and will come into force on 15 November 2012.

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 (SI 2012/2588) have been made adding to the list of those ineligible for housing accommodation or assistance under the Housing Act 1996.

In Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2012] UKSC 41, the Supreme Court has reversed the decisions of the Court of Appeal.

Alex Haigh, has become the first person to be prosecuted for the criminal offence of squatting under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

The Infrastructure (Financial Assistance) Bill 2012-13 has been introduced into the House of Commons.

The Housing (Wales) Measure 2011 (Commencement No. 2) Order 2012 (WSI 2012/2091) came into force on 3 September 2012 allowing Welsh local housing authorities to suspend right to buy in their areas for up to five years.

The High Court in JL v Secretary of State for Defence [2012] EWHC 2216 (Admin) has refused to grant an application for judicial review of a decision by the Ministry of Defence (MOD) to enforce a possession order through eviction. Note added: on 11 April 2013, the Court of Appeal dismissed the claimant's appeal against the enforcement of the possession order based on Article 8 of the European Convention of Human Rights grounds (R (JL) v Secretary of State for Defence [2013] EWCA Civ 449).

The Localism Act 2011 (Commencement No 7 and Transitional, Saving and Transitory Provisions) Order 2012 (SI 2012/2029) has been made.

The Local Government Ombudsman in its report on an investigation into complaints 09 017 510 and 09 017 512 has criticised Kent County Council and Dover District Council for failing to house a homeless 16 year old despite being informed of his circumstances.

The Supreme Court in Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 has held that in the case of the death of a joint tenant holding a secure tenancy, the remaining sole surviving tenant will be entitled to revive the secure tenancy even if they are not in occupation of the property at the time of the other tenant's death and there is another person in occupation who may be entitled to succeed to the tenancy.

The government has announced a new £30 million fund and has set aside seven sites for group self-build projects.   

The Department for Communities and Local Government has published guidance on the allocation of social housing.

The Prevention of Social Housing Fraud Bill 2012-13 will create a new criminal offence of subletting a social home.

The Communities and Local Government Committee has delivered its first report on the government's proposed reforms to the mobile home regime in England.  

The Department for Communities and Local Government has published a consultation on dealing with high income tenants in social housing.

The National Assembly for Wales (NAW) has published a consultation on reforms to the mobile homes regime in Wales.

The government has published a consultation on when private rented accommodation offered in order to discharge the homelessness duty under the Housing Act 1996 will be considered "suitable".

The Welsh Government (WG) published Homes for Wales, A White Paper for Better Lives and Communities on, 21 May 2012.  

A detailed update on the Court of Appeal's decision in Helena Partnerships Ltd v HMRC [2012] EWCA Civ 569. The decision includes consideration of the circumstances in which the promotion of objects of general public utility or benefit to the community is a charitable purpose.

The Court of Appeal in Maswaku v Westminster City Council [2012] EWCA Civ 669 has held that there is no requirement on a local housing authority to notify an applicant of all the possible consequences associated with refusing an offer of temporary accommodation under Part VII of Housing Act 1996. Note added: on 11 February 2013, the Supreme Court refused permission to appeal stating that the application did not raise an arguable point of law.

Localism and Planning from publisher Bloomsbury Professional is now available online through PLC.

The Department for Communities and Local Government (DCLG) has published a report on the progress made in the last year in releasing surplus public sector land for housing.

The government is consulting on reforms to the mobile homes regime.

The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012 (SI 2012/531) came into force in Wales on 21 March 2012.

The Department for Communities and Local Government (DCLG) has published the National Planning Policy Framework.

The Court of Appeal in Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 has held that the general rule in CPR Part 44.3 that a successful claimant is entitled to their costs should be applied.

In Corby Borough Council v Scott [2012] EWCA Civ 276, the Court of Appeal  found for two local authorities in cases that considered the threshold that a tenant must meet before a matter can proceed to trial on the basis of a defence under Article 8 on the European Convention on Human Rights to a claim for a possession order.

The government launched the NewBuy scheme on 12 March 2012.

The Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 (SI 2012/628) has been made, bringing a number of provisions of the Localism Act 2011 into force.

On 8 March 2012, the Flexible Tenancies (Review Procedures) Regulations 2012 (SI 2012/695) were laid before Parliament and will come into force on 1 April 2012.

The London Assembly's Planning and Housing Committee has published Highly Charged: Residential leasehold service charges in London.

On 15 February 2012, the Court of Appeal in Oxford City Council v Basey [2012] EWCA Civ 115, dismissed the council's appeal and held that the respondent's accommodation was sheltered accommodation for the purpose of the Housing Benefit Regulations 2006 (SI 2006/213).

The National House-Building Council has announced that from April 2012 a new online system will be introduced to provide instant Buildmark information.

On 23 January 2012, the Local Government Association and Homes & Communities Agency published a guide for elected members on meeting local housing demand.

On 3 April 2012, the Localism Act 2011 (Commencement No 5 and Transitional, Savings and Transitory Provisions) Order 2012 (SI 2012/1008) was made bringing into force a number of provisions in the Localism Act 2011, relating to the general power of competence, local authority government and the London housing strategy.

From 12 January 2012, the government's Red Tape Challenge is focussing on housing and construction legislation. The Red Tape Challenge invites the public to suggest regulations that should be scrapped, merged with other regulations, simplified or improved.

The Department for Communities and Local Government has published a consultation, Allocation of accommodation: Guidance for local housing authorities in England.

On 22 December 2011, the Department for Communities and Local Government published a consultation on reforming the right to buy.

The Communities and Local Government Committee has decided to carry out an inquiry into park homes and is seeking submissions from interested parties.

The Department for Communities and Local Government (DCLG) published Build Now, Pay Later on 21 December 2011.

The Welsh Government has published a consultation on housing issues in preparation for the new Housing Bill that it proposes to introduce in 2012.

The Department for Work and Pensions has published good practice guidance on the reforms made to Local Housing Allowance in the June 2010 Budget.

The Department for Communities and Local Government (DCLG) published Laying the Foundations: A Housing Strategy for England on 21 November 2011.

PLC Public Sector has updated and renamed its practice note on the Localism Bill.

The Court of Appeal, in Bubb v London Borough of Wandsworth [2011] EWCA 1285, has dismissed an appeal against a previous county court ruling, holding that a reviewing officer's decision about whether the claimant had received a "final offer of accommodation" letter was sufficient for the purposes of determining whether the local authority had discharged its duty to house the claimant under 192 of the Housing Act 1996. 

The Council of Mortgage Lenders and the National Housing Federation have published guidance for lenders and housing associations on best practice when dealing with mortgage or rent arrears at shared ownership properties.

The Welsh Government has published a consultation on developing a regulatory framework for housing associations registered in Wales.

On 27 October 2011, the Department for Communities and Local Government launched an online home swap scheme.

In Child Poverty Action Group v Secretary of State for Work & Pensions [2011] EWHC 2616 (Admin), the High Court rejected a challenge to the reforms made by the government to the housing benefit scheme.

On 7 October 2011, the Department for Communities and Local Government issued a statement on self-financing for council housing.

The government has submitted numerous amendments to the Localism Bill 2010-11 during the report stage in the House of Lords.

On 25 August 2011, the Department for Communities and Local Government issued a consultation on streamlining council housing asset management for the disposal of housing assets and the use of capital receipts.

On 15 August 2011, the Secretary of State announced that the Department for Communities and Local Government was amending the scope of its consultation on extending landlord's powers to seek possession for criminality and anti-social behaviour so that convictions for such behaviour beyond the locality of the property can be taken into account.

Sections 308 and 309 of the Housing and Regeneration Act 2008 have been commenced in Wales.

On 3 August 2011, the Department for Communities and Local Government issued a consultation seeking views on a new mandatory power of possession to enable landlords to take swifter action to evict their anti-social tenants.

The Welsh Assembly Government is currently consulting on guidance for local authorities on suspending the right to buy.

The Welsh Assembly Government has set out its new legislative priorities, which include a number of Bills of interest to the property industry.

In R (Peat and others) v Hyndburn Borough Council [2011] EWHC 1739 (Admin), the High Court quashed the council's designation of areas as subject to selective licensing under Part 3 of the Housing Act 2004 due to a failure to comply with the consultation requirements set out in the Act.

The Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011 (SI 2011/1409) comes into force on 1 December 2011.

The Department for Communities and Local Government (DCLG) has republished Planning Policy Statement 3: Housing (PPS3) following an amendment to the definition of affordable housing. PPS3 underpins the delivery of the government's strategic housing policy objectives.

The Court of Appeal has held in Oxford City Council v Bull [2011] EWCA Civ 609 (18 May 2011), that Oxford Council was right to find a claimant to be "intentionally homelessness", where he had moved his three children into his single room in a shared house.

The Housing (Wales) Measure 2011 (WSI 2011/5), which was passed by the National Assembly for Wales on 22 March 2011, was approved by Her Majesty in Council on 10 May 2011.

An update on AS v London Borough of Camden [2011] EWCA Civ 463 (20 April 2011). Note added: it was reported in December 2011 that the London Borough of Camden has been granted permission to appeal to the Supreme Court.

In Brighton and Hove City Council v Alleyn and others [2011] EW Misc 6(CC) (5 April 2011), the county court held that the council was entitled to a forthwith possession order since evicting defendant travellers was a proportionate response under Article 8 of the European Convention on Human Rights.

The government has published guidance notes for claims made in 2011-12 as part of the Bellwin scheme of emergency financial assistance to local authorities.

The Department for Communities and Local Government has published guidance for local authorities on applying the Mobile Homes Act 1983 to local authority traveller sites.

In Makisi v Birmingham City Council [2011] EWCA Civ 355 (31 March 2011), the Court of Appeal held that an applicant's right to make oral submissions under section 202 of the Housing Act 1996 includes a right to insist on a meeting with the review officer.

In Nzamy v London Borough of Brent [2011] EWCA Civ 283 (26 January 2011),  the Court of Appeal held that a request for a review under section 202 of the Housing Act 1996 should be interpreted broadly where the individual was unrepresented.

An update on new legislation regarding the rights of those occupying mobile homes, which comes into force on 30 April 2011.

The Homes and Communities Agency (HCA) has published the Prospectus for FirstBuy, a new equity loan scheme to assist eligible first-time buyers. The HCA is inviting bids from developers to offer new build properties for purchase by eligible households.

The Welsh Assembly Government has published a consultation on a draft code of guidance for local authorities on allocation of accommodation and homelessness.

The Welsh Assembly Government has published a consultation on the Walker review of charging for household water and sewerage services.

The Department for Communities and Local Government has confirmed the government's plan to implement a scheme to assist eligible first-time buyers (FirstBuy scheme). (Free access.)

The European Court of Human Rights has held that a injunction preventing a New Traveller from camping on a particular woodland site and thirteen other sites in Dorset was not in breach of her Article 8 rights under the European Convention on Human Rights in Horie v United Kingdom [2011] ECHR 289.

An update on a Local Government Ombudsman's report on an investigation into complaint number 10 009 069 against the London Borough of Richmond upon Thames.

The Tenant Services Authority has published guidance on the use of enforcement powers under the Housing and Regeneration Act 2008 (HRA 2008).

On 4 February 2011, the Department for Communities and Local Government issued consultations on provisions being made in the Localism Bill seeking views on proposals to introduce a community right to buy assets of community value and a community right to challenge. Note added: summaries of the responses to these consultation were published on 2 and 12 August 2011.

The Department for Business, Innovation and Skills is seeking views on proposals to repeal the Property Misdescriptions Act 1991. Note added: BIS announced the government’s intention to repeal the PMA 1991 on 14 September 2012, see Consultation paper on the repeal of the Property Misdescriptions Act 1991, January 2011 (BIS): government response. (Free access.)

On 10 January 2011, the Department for Communities and Local Government published a letter and attached papers on the Housing Revenue Account Subsidy and the Item 8 Credit and Item 8 Debit (General) Determinations 2011-2012.

The developments that property practitioners can expect in 2011.

The Law Society has introduced a conveyancing quality scheme to provide a recognised standard for residential conveyancing practices.

The Localism Bill 2010-11 was introduced in the House of Commons on 13 December 2010. 

On 13 December 2010, the government presented the Localism Bill to Parliament, setting out its plans to decentralise government to a local level and also make reforms to the planning and social housing regimes.

The Central London County Court in Hussain v London Borough of Hounslow [2010] EW Misc 15 (CC) has quashed the London Borough of Hounslow's decision that an applicant was not vulnerable under the Housing Act 1996.

On 30 November 2010, the government published Council housing: a real future: summary of responses to the consultation.

On 22 November 2010, the Welsh Assembly Government announced that a draft Housing Measure had been laid.

An update on a Local Government Ombudsman's report on an investigation into complaint no. 09 003 325 against the London Borough of Newham.

In Tiensia v Vision Enterprises Ltd (t/a Universal Estates) and Honeysuckle Properties v Fletcher and others [2010] EWCA Civ 1224, the Court of Appeal considered whether a landlord can avoid having to pay a penalty of three times the deposit if it complies with the "initial requirements" of a tenancy deposit scheme after the 14 day time limit. Note added: the effect of subsequent amendments to the Housing Act 2004 (made by the Localism Act 2011) is to reverse this decision. The court has power to make an order for a landlord to pay a penalty if the landlord complies after the deadline (section 214(2) and (2A), Housing Act 2004). The deadline has been extended from 14 to to 30 days, and the penalty may be between one and three times the deposit. For more information, see Practice note, Tenancy Deposit Schemes: Financial penalties and return of non-cash deposits.  

On 10 November 2010, the High Court held in Cala Homes (South) Limited v Secretary of State for Communities and Local Government & Others [2010] EWHC 2866 (Admin) (10 November 2010) that the Secretary of State's decision to revoke regional strategies was unlawful.

On 3 November 2010, the Scottish Parliament passed the Housing (Scotland) Bill ending the right to buy for new tenants.

New regulations have been made updating the list of educational establishments which manage buildings that are not houses in multiple occupation and approving a new code of management practice.

Following a consultation carried out in 2008, the government has announced how it plans to amend the rights and responsibilities of gypsies and travellers on local authority sites.

On 18 October 2010, the Department for Communities and Local Government published its review of social housing regulation.

The Housing Renewal Grants (Prescribed Form and Particulars) (Revocation) (England) Regulations 2010 (SI 2010/2417) have been made removing the requirement to use a prescribed application form and details for Disabled Facilities Grant applications.

The Department for Communities and Local Government has published updated guidance for local authorities on evaluating the extent of rough sleeping in their area.

A legal update on Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 868.

An update on the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010.

A legal update on London Borough of Brent v Corcoran and another [2010] EWCA Civ 774.

An update on the decision of the Supreme Court in Southern Pacific Personal Loans Ltd v M. Walker and another [2010] UKSC 32 regarding consumer fixed sum credit agreements.

A legal update on a review by the government of the role of the Tenant Services Authority.

An update on the publication of the second edition of the Law Society's model section 106 agreement.

A legal update on the government's commitment to abolishing Regional Strategies and returning housing and planning decision-making to local councils.

A legal update on Nessa v London Borough of Tower Hamlets [2010] EWCA Civ 559.

A legal update on the protocol signed by the Housing Ombudsman and the Local Government Ombudsman.

An update on the response by the Department for Communities and Local Government and the Welsh Assembly Government following their consultation on the licensing of park homes sites.

A legal update on Tackling anti-social behaviour: Tools and powers - toolkit for social landlords.

A legal update on publication by the Department for Communities and Local Government of a prospectus setting out proposals to reform council housing.

A legal update on: The Housing and Regeneration Act 2008 (Commencement No 7 and Transitional and Saving Provisions) Order 2010 (SI 2010/862). The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (SI 2010/866). The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (SI 2010/844).

An update on the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2010 (SI 2010/607).

A legal update on a series of statutory instruments published relating to the Tenant Services Authority becoming the regulator of all social housing providers on 1 April 2010.

A legal update on the The Value Added Tax (Construction of Buildings) Order 2010 (SI 2010/486), which was made on 1 March 2010.

A legal update on the draft National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010.  On 21 July 2010, the draft Order received Royal Assent.

An update on HM Treasury's consultation on investment in the UK private rented sector.

An update on the responses to the Department for Communities and Local Government (DCLG) consultation on how to improve standards and professionalism in the private rented sector, the proposals that the DCLG will implement, and the further work that it will undertake.

An update on new model leases published by the Homes and Communities Agency for use on shared ownership properties from 6 April 2010. Note added 16.11.10:  From 22 October 2010, the service charge clause will no longer be a fundamental clause but it will remain a condition of the grant of the lease.  The model lease clause may be amended to suit the individual transaction provided it complies with regulatory and statutory requirements. Note added 31.10.11. A new model lease form has been published for use from September 2011.

A legal update on the draft Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 and the draft Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010.

A legal update on guidance for local authorities on the Social HomeBuy scheme, published by the Department for Communities and Local Government.

A legal update on the Housing and Communities Agency's (HCA) appointment of a delivery partner panel for housing projects.

An update on the transfer of jurisdiction for mobile home parks disputes from the County Court to Residential Property Tribunals.

A legal update on the Court of Appeal's decision in Ali v Birmingham City Council [2009] EWCA Civ 1279.

A legal update on Fair and flexible: statutory guidance on social housing allocations for local authorities in England, published by the Department for Communities and Local Government.

An update on guidance published by the Department for Communities and Local Government for social landlords on how to deal with social housing fraud.

A legal update on a consultation published by the Department for Communities and Local Government offering guidance for local authorities on incentivising landowners to bring forward additional land for rural affordable housing.

A legal update on responses to two consultations issued by the Department for Communities and Local Government on the role and powers of the Tenant Services Authority.

An update on the Supreme Court's refusal to grant permission to appeal in R (Weaver) v London & Quadrant Housing Trust and Central Bedfordshire Council v Taylor & Ors.

An update on the decision of the European Court of Human Rights in Paulic v Croatia (Application no 3572/06).

An update on Birmingham City Council v Qasim and others [2009] EWCA Civ 1080.

An update on the Homes and Communities Agency's Private Rental Sector Initiative.

An update on the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2009 (SI 2009/2608).

An update on the Rent Officers (Housing Benefits Functions) Amendment Order 2009 (SI 2009/2459).

An update on  the High Court 's decision in R on the application of S v A Social Security Commissioner and others [2009] EWHC 2221.

An update on guidance published by the Department for Communities and Local Government to assist local authorities applying to exclude new council housing from the Housing Revenue Account Subsidy System and Pooling.

An update on the Local Government Ombudsman's (LGO) report on an investigation into complaint number 08 007 395 against Sandwell Metropolitan Borough Council.

An update on the publication of a consultation by Local Partnerships on a housing procurement pack and on the publication of an updated fire and police services procurement pack.

An update on a consultation launched on 7 August 2009 by the Department for Communities and Local Government seeking views on the draft powers that will allow the Tenant Services Authority to regulate local authority landlords.

An update on a Memorandum of Understanding signed on 5 August 2009 by the Tenant Services Authority (TSA) and the Housing Ombudsman Service (HOS) on exchanging information.

An update on Ryan v London Borough of Islington [2009] EWCA Civ 578.

An update on the publication on 23 July 2009 by the Department for Communities and Local Government of statutory guidance on consultation before disposal to a private sector landlord together with a summary of responses to the consultation on the guidance.

An update on a consultation document issued by the Department for Communities and Local Government on proposed draft directions to the Tenant Services Authority.

An update on the guidance issued by the Department for Communities and Local Government to local housing authorities in England following a fire at Camberwell, London on 3 July 2009.

An update on Birmingham City Council v Ali and others and Moran v Manchester City Council [2009] UKHL 36.

On 1 July 2009, the FSA announced that its interim regime for sale and rent back schemes has come into force.

An update on revised joint guidance published by the Charity Commission, HM Revenue & Customs and the Homes and Communities Agency on the provision of affordable homes by charities.

An update on tolerated trespassers and section 299 of and Schedule 11 to the Housing and Regeneration Act 2008.

On 2 June 2009, HM Treasury announced that it has laid before Parliament secondary legislation to bring sale and rent back agreements within the scope of Financial Services Authority (FSA) regulation, as recommended by the OFT. It has also published a summary of responses to its consultation on the sale and rent back market.

An update on the Department for Communities and Local Government's consultation on how it proposes to allocate Housing and Planning Delivery Grant in the years 2009-2010 and 2010-2011. NOTE ADDED: The DCLG has published a summary of responses to the consultation, which also confirms the final allocation mechanism.

An update on the houses in multiple occupation (HMOs) consultation published by the Government on 15 May 2009.

An update on the Welsh Assembly Government consultation on the disposal of Council owned housing stock to a Registered Social Landlord: Statutory Guidance.

An update on the Department for Communities and Local Government guidance on the Financial Services Compensation Scheme and section 42 of the Landlord and Tenant Act 1987.

An update on the Local Government Ombudsman's report into complaint no 08 008 647 against Medway Council.

An update on Bracknell Borough Council v Green [2009] EWCA Civ 238, a case concerning an appeal against a refusal to grant an order for possession under section 82 of the Housing Act 1985.

An update on the Housing (Purchase of Equitable Interests) (England) Regulations 2009 and Housing (Service Charge Loans) (Amendment) (England) Regulations 2009.

An update on guidance issued by the Empty Homes Agency on the powers available to local authorities to bring empty homes back into use.

An update on the review by the Department for Work and Pensions of the new backdating rules for housing and council tax benefit.

An update on proposals for a new independent public body: the National Tenant Voice.

On 6 February 2009, HM Treasury and the FSA issued consultations on the regulation of the sale and rent back sector, following the recommendations in the OFT's market study.

An update on the Government review of regulation and redress in the UK housing market, published on 20 January 2009.

An update on the announcement by the Dispute Service Ltd that, from 6 April 2009, the tenancy deposit scheme that it provides will no longer be available to unregulated letting agents.

An update on the developments that property practitioners can expect in 2009.

An update announcing the publication of a new Practice note on closure orders which allow local authorities and the police to close premises associated with persistent anti-social behaviour.

A new statutory instrument has been laid before Parliament. It brings into force certain provisions of the Housing and Regeneration Act 2008 including powers to help the Homes and Communities Agency regenerate communities and provide affordable homes.

The 2008 Pre-Budget Report was delivered by the Chancellor on 24 November 2008. This Legal update examines those implications that will be of particular interest to property lawyers.

An update on the October 2008 version of the Code for Sustainable Homes: Technical Guide.

An update on recommendations on improving the private rented sector for both tenants and landlords published by the DCLG.

An update on Shared Ownership and Leasehold Enfranchisement and Designation of "Protected Areas": a consultation paper.

A new report, Evidence Gathering - Housing in Multiple Occupation and possible planning response (the report) has been published by the Department for Communities and Local Government (DCLG).The report considers the problems caused where there are high concentrations of HMOs and looks at the existing and potential measures which may be used to alleviate the problems. However, the most significant aspect of the report is the recommendation that serious consideration is given to changes in the Town and Country Planning (Use Classes) Order 1987 by inserting a new use class covering HMOs. This would allow tighter planning controls over HMOs, particularly their location and concentration in particular areas. The report will be of particular interest to practitioners advising landlords of HMOs and organisations interested in the provision of accommodation to students and migrant workers.

The Department for Communities and Local Government (the DCLG) has published a consultation: Tolerated Trespassers: Successor Landlord Cases.The DCLG is seeking views on whether "successor landlords" (mainly social landlords who acquire housing from another social landlord) should be required by the Housing and Regeneration Act 2008 (HRA 2008) to restore tenancy status to tolerated trespassers who occupy that housing when it is transferred.If the proposals are accepted, the DCLG anticipate that the provisions of the HRA 2008 that implement them would come into force in April 2009, along with the existing provisions of the HRA 2008 that prevent the creation of future tolerated trespassers and reinstate the tenancies of existing tolerated trespassers.The consultation will interest residential landlords and tenants, particularly social landlords and those who advise social tenants.The consultation closes on 19 December 2008.

The Housing and Regeneration Act 2008 will amend the Mobile Homes Act 1983 (MHA 1983) so that gypsies and travellers on local authority sites will have the same security of tenure and responsibilities as gypsies and travellers on private sites and occupants of other residential caravan sites. This follows the decision in Connors v United Kingdom (App No 66746/01 ECHR) in which the European Court of Human Rights held that the existing statutory scheme breached Article 8 of the European Convention for Human Rights. The Department for Communities and Local Government has published a consultation paper, Implementing the Mobile Homes Act 1983 on local authority Gypsy and Traveller sites, seeking views on the implementation of the changes and any amendments to the MHA 1983 that are needed. The consultation will be of interest to local authorities and those advising gypsies and travellers. The closing date for responses is 19 December 2008.

In 2007, Matthew Taylor MP was asked to conduct a review of how land use and planning could provide better support for rural businesses and the provision of new affordable housing.The findings of the Taylor Review have been published, and they suggest a number of changes to the planning system to provide for a sustainable future for rural communities. Even if the Review's suggestions are not implemented, those with an interest in planning and development may want to be aware of the recommendations.

The Information Commissioner's Office (ICO) had issued good practice guidance (Guidance) for local authority staff and others who deal with requests for local authority housing records under the Data Protection Act 1998 (DPA 1998).Section 7 of the DPA 1998 gives local authority tenants the right to see housing records relating to themselves. Housing records are defined in Schedule 12 to the DPA 1998 as information held for the purpose of any of the authority's tenancies. This includes information about people applying for a tenancy, repairs or refurbishments, complaints and details of evictions or prosecutions.The Guidance applies to housing records held manually or electronically in the UK. Specifically, in England it applies to records held by local authorities, housing action trusts and housing management organisations (such as Housing Associations), charities and voluntary or other organisations that operate in partnership with local authorities.The Guidance includes advice on:How requests for information should be dealt with.The 40 day time limit in which to respond.What to include in the response.What to do if a file contains information about third parties.How to record requests.Records held by Housing Associations.

Following the Government's announcement on 2 September 2008 that the SDLT threshold for residential land transactions has been increased from £125,000 to £175,000 this Legal update considers the implications of the change.Note: The regulations implementing the changes to the SDLT threshold were published late this afternoon, 3 September 2008. We will report on the effects of them shortly. For more information, see The Stamp Duty Land Tax (Variation of Part 4 of the Finance Act 2003) Regulations 2008 and The Stamp Duty Land Tax (Exemption of Certain Acquisitions of Residential Property) Regulations 2008.

The government has announced that the SDLT threshold for land transactions consisting entirely of residential property will be increased from £125,000 to £175,000 for transactions with an effective date (normally completion) after 2 September 2008 and before 3 September 2009. This means that: No SDLT will be due where the chargeable consideration is £175,000 or less.Where the chargeable consideration is greater than £175,000 but no greater than £250,000, the rate of SDLT will be 1%.All other SDLT thresholds and rates remain unchanged (for more information, see Practice note, SDLT reliefs for residential property and HM Treasury: Stamp Duty (2 September 2008)).Communities and Local Government has also announced other measures to increase confidence in the housing market. Briefly these are: A new shared equity scheme for first-time buyers.A mortgage rescue scheme for those facing repossession.Improved support for homeowners who lose their jobs.Accelerating the provision of £400 million to provide 5,500 new social homes.Supporting critical regeneration schemes proposed by Regional Development Agencies.For more information see, Press release, Billion pound package for housing (DCLG).

The UK Green Building Council (UK-GBC) is conducting a consultation on how to reduce carbon dioxide emissions from the existing housing stock (see UK-GBC press release). The first part of the consultation, which started on 18 August, ends on 29 August 2008. The UK-GBC will then hold an industry-wide workshop on 12 September, with the aim of producing a report for Government at the end of September 2008. The purpose of this consultation is to help inform the Government's forthcoming consultation on energy efficiency, which will be followed by a Low Carbon Homes Strategy in spring 2009. The Government has already said it wants all new homes in England to be zero carbon by 2016 and all new non-domestic buildings to be zero carbon by 2019. However, it has not yet set similar targets for existing homes. The housebuilding industry has argued that it is being placed at an unfair disadvantage, as new homes account for less than 1% of the housing stock every year. The Government has countered this by pointing out that it is focusing on new build because up to a third of the housing stock will have been built between 2007 and 2050. For further information on zero carbon homes and non-residential buildings, see Practice note, Zero carbon buildings.

The Court of Appeal has ruled that the liability of a tolerated trespasser of a dwelling house to pay mesne profits ceases when the former tenant gives up possession and not when the landlord receives notification of that fact.

The Housing and Regeneration Act 2008 (the Act) received Royal Assent on 22 July 2008. The Act, which will be brought into force in stages, provides for: The creation of a new agency to deliver regeneration and housing in England, the Homes and Communities Agency. The setting up of a new social housing regulator, the Tenant Services Authority, to take on the regulatory functions of the Housing Corporation. Extended time limits for prosecutions for breaches of building regulations. The introduction of mandatory sustainability ratings on the sale of new homes.

In July 2007, the Government appointed Brian Pomeroy to carry out a review of the private sector shared equity market (Pomeroy Review).Through discussions with building societies, banks, investors, property advisors and house builders, the Pomeroy Review considered the state of the private sector shared equity market, the barriers to development of the market and the future of the market. The Department for Communities and Local Government has now published a summary of the conclusions of the Pomeroy Review. The main conclusion is that, although there is an interest in shared equity products in the private sector, the development of this market has been put on hold by the credit crisis. This finding is unsurprising in the current economic climate, but the Pomeroy Review was optimistic about the future of private shared equity once the market improves.

In Mayor and Burgesses of the London Borough of Lewisham v Malcolm [2008] UKHL 43, the House of Lords have overruled the Court of Appeal's decision in Clark v TDG Ltd t/a Novacold, making potentially major changes to the law on disability-related discrimination. Although the case, under Part III of the DDA 1995, concerned a housing authority's decision to evict a schizophrenic tenant who had unlawfully sublet his flat, the decision looks set to have far-reaching implications for employment cases under Part II of the DDA, and will make it more difficult for employees to bring claims.

The Office of Fair Trading (OFT) has given approval to the Ombudsman for Estate Agents Company Limited (OEA) for a redress scheme under the Consumers, Estate Agents and Redress Act 2007 (CEARA 2007). Two other applications for estate agents redress schemes are currently being considered by the OFT. It is expected that the Secretary of State for Business, Enterprise and Regulatory Reform will make an order requiring residential estate agents to join an approved redress scheme from 1 October 2008. Buyers and sellers will then be able to refer complaints to an ombudsman who will have a number of powers, including the ability to require an estate agent to pay compensation. The order will apply to all estate agents in the United Kingdom and for all types of residential property, not just properties requiring home information packs (HIPs). For more information, see Legal update, The Consumers, Estate Agents and Redress Act 2007 (Commencement No.1) Order 2007 published. The OEA already runs an approved redress scheme for complaints relating to HIPs. For more information, see Legal update, Estate agents must belong to an approved redress scheme for HIPs related complaints.

The British Property Federation (BPF) has published a report, The Future of Renting. This is a draft response to the Rugg Review, which is expected to be published in July 2008. The BPF has explained that it is publishing its report now, ahead of the Rugg Review, because it is anxious to hear the views of other stakeholders and what they think of the private rented sector. The BPF sees a corporate rental sector, along the same lines as exists in Europe, as a significant part of the solution to the housing crisis. The BPF would like to see institutions, like pension funds, providing investment for new homes to be built to let, and for society's perception of renting to change, which might then help to address the issue of affordable housing.Source: Press Release: New BPF report unveils housing solutions.

On 29 May 2008, the Financial Action Task Force (FATF) published a report examining money laundering and terrorist financing committed through the real estate sector (Report). The Report is dated 29 July 2007, but the FATF has confirmed that, although the Report was approved as at that date, it has not previously been made publicly available. It is not clear why the FATF has waited until now to publish the Report.The main objective of the Report is to develop a greater understanding of the way in which real estate activity can be used for money laundering or terrorist financing. The Report includes case studies based on information provided by participating FATF and non-FATF members, including the UK, the United States and the European Central Bank.The FATF considers that the real estate sector displays a number of characteristics (such as the use of complex loans or corporate vehicles) making it attractive to potential misuse by money launderers or terrorist financiers.The Report identifies a series of more common or basic methods ("typologies") for real estate sector misuse, including:- Use of mortgage schemes.- Use of investment schemes and financial institutions.A list of risk indicators related to the typologies have been developed by FATF and are set out in the Report. These indicators may help financial institutions and others involved in certain real estate activities in carrying out customer due diligence and risk analysis on new and existing clients.Tackl

The Law Commission has published its final proposals on housing dispute resolution: Housing: Proportionate Dispute Resolution (the Report). The Report reaches three main conclusions: "Triage plus" should be adopted as the basic organising principle for those providing advice and assistance with housing problems and disputes. This involves providing an initial diagnosis of the problem and suggesting the best way of resolving it, increasing the understanding of how problems arise and taking steps to prevent disputes from arising. Other means of resolving disputes, outside of formal adjudication, should be more actively encouraged and promoted. There should be some rebalancing of the jurisdictions as between the courts and the First-tier and Upper Tribunals in the new Tribunals Service, combined with modernisation of procedural rules that affect the ability of the courts to act as efficiently as possible.

The Government has published a Green Paper, Preparing Britain for the future: the Government's draft legislative programme 2008-09 (the DLP) which sets out the Government's plans for legislation over the next year's Parliamentary session. The DLP aims to increase public awareness of, and involvement in, the law-making process. A number of Bills are included in the DLP that are of relevance to property practitioners.

The Department for Communities and Local Government (DCLG) has launched a review that will examine the management of Houses in Multiple Occupation (HMOs). It has also published a survey of private landlords. The results of the review should identify what more the planning system can do to improve management of HMOs, and, together with the survey, will contribute to the review of the Private Rented Sector, which was announced in January 2008.The HMO review has been prompted by the phenomenon of "studentification". One of the side-effects of the Government's policy to increase the number of students going to university, has been, in some university towns, to increase housing shortage problems and to create high concentrations of HMOs, occupied by students. "Studentification" creates a range of problems that can have a negative impact on the quality of the housing and local public services.

On 28 March 2008, the Law Commission published a consultation: Easements, Covenants and Profits à Prendre: Consultation Paper No. 186.The Law Commission proposes substantial and extensive reforms that will simplify and modernise the law of easements, profits à prendre and covenants. The reforms include:Creating a new single method of acquiring an easement by prescription.Rationalising the current law of extinguishment of easements.Replacing positive and negative covenants with "Land Obligations".Modernising the statutory means of discharging and modifying restrictive covenants and applying the new rules to easements, profits à prendre and Land Obligations.The reforms are wide ranging, and will change the nature of easements and covenants and they way they are created, identified, modified, discharged and extinguished. The Law Commission proposes to make it easier for purchasers of land to identify third party rights. The reforms will also favour developers by removing many of the obstacles to development that are caused by the existence of easements and restrictive covenants. In particular, it is expected that the reforms will facilitate the Government's plans to create three million new homes by 2020 in accordance with the Housing Green Paper.

The new planning powers granted to the Mayor of London by the Greater London Authority Act 2007 will come into force on 6 April 2008. The Town and Country Planning (Mayor of London Order) 2008 will come into force at the same time, setting out the detailed arrangements for the Mayor's new power to decide planning applications of potential strategic importance.

A note of the main Budget 2008 proposals affecting property.For information on other aspects of this year's Budget, see PLC Tax, Legal update, Budget 2008 and PLC Environment, Legal update, Budget 2008: environmental announcements.

The Department for Communities and Local Government (DCLG) has announced that new homes will be rated against standards contained in the Code for Sustainable Homes (the Code) from 1 May 2008. In July 2007, the DCLG consulted on the future of the Code, including whether it should become mandatory for all new homes to be rated against the standards contained in the Code. The responses to the consultation showed extensive support for a mandatory rating system. For more information, see Legal update, Responses to consultation on mandatory sustainable development rating published. For private sector homes, meeting the standards in the Code remains voluntary. However, the Government will make regulations that mean, from May 2008, those selling new homes must provide information to any prospective purchaser on the sustainability of the home. Where a home has been designed and built in accordance with the Code and assessed against it, a Code certificate will be provided. The Code certificate will show the home's rating on a scale of 1 to 6 stars, based upon its performance against nine sustainability criteria. Otherwise, a statement of non assessment (a nil-rated certificate) will be provided. The DCLG has also issued up-to-date guidance on the assessment process and the performance standards required under the Code: Code for Sustainable Homes: Setting the standard in sustainability for new homes. The DCLG guidance also explains which elements of the Code are mandatory.

The Department for Communities and Local Government has published a summary of the responses received to its 2007 consultation on possible amendments to sections 152 and 156 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002). The Government hopes that the proposals will reduce and mitigate the costs that would be incurred by landlords, and passed onto tenants, compared with the original proposals in the CLRA 2002. Note added 6/9/2010: PLC Property understands, from speaking to the Department for Communities and Local Government, that the government has no immediate plans to implement sections 152 and 156.  

The Department for Communities and Local Government (DCLG) has published a summary of responses to its consultation paper, Delivering Housing and Regeneration: Communities England and the future of social housing. The summary of responses outlines the various initiatives that will be transferred to the new housing and regeneration agency, the Homes and Communities Agency (previously known as Communities England).

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (RF Order) was made on 18 December 2007 and will come into force on 6 April 2008. The RF Order was made under section 24(2) of the Legislative and Regulatory Reform Act 2006, and it specifies a number of regulatory functions to which sections 21 and 22 of that Act apply.The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2007 has also been published. This provides that, from 6 April 2008, those regulators whose functions are specified in the RF Order must have regard to the Statutory Code of Practice for Regulators (the Code) when exercising any of these functions. The final version of the Code was published on 17 December 2007.The reforms apply to a large number of bodies that exercise regulatory functions, including many that are connected to the property industry.

The Minister for Housing, Yvette Cooper, has announced a package of measures and additional investment aimed at improving social housing by focusing it around the needs of tenants. The package of measures, which are supported by Government investment, cover the following main areas: Increasing investment and supply.Establishing a new framework to manage social housing.Promoting more housing options and greater mobility.Promoting social mobility through social housing.Promoting mixed income communities.In particular, the Government is to announce, early in 2008, an independent review of the private rented sector. The British Property Federation have been calling on the Government, since the publication of the Housing Green Paper, to remove the barriers to the growth of commercial investment in the private rented sector, which could then help address the housing shortage through a means other than the building of new houses.

The Department for Communities and Local Government has published for consultation a draft Mayor of London Order and a draft Circular on Strategic Planning in London. The draft Order contains detailed arrangements for the Mayor's new power to decide planning applications of potential strategic importance. It also proposes significant changes to the referral thresholds relating to applications for new housing developments, waste facilities and developments in the City of London. The draft Circular sets out the matters which the Mayor must consider before directing any changes to Local Development Schemes. The closing date for responses to the consultation is 14 February 2008.Note: A response to this consultation paper has been published by the City of London Law Society, Planning and Environmental Law Committee: CLLS: Response to draft Mayor of London Order 2008 and Strategic Planning in London .

The Lands Tribunal has held that the breach of a repairing covenant in a lease was to be taken into account when assessing the overall compensation due to a leasehold property owner on compulsory purchase.

The Code for Sustainable Homes (the Code) was introduced in April 2007 as a voluntary standard in England. The Code awards new homes a 1 to 6 star rating based upon their performance against nine sustainability criteria (including energy efficiency) and gives an indication of the impact of the new home on the environment. When the Code was launched, the Department for Communities and Local Government (DCLG) proposed that, from April 2008 onwards, all new homes should be required to have a Code rating.The DCLG received a favourable response to that proposal and issued a consultation on the details of how to implement a mandatory rating system: The Future of the Code for Sustainable Homes - Making a Rating Mandatory. For information on the consultation, see Legal update, Consultation on a mandatory sustainable development rating for new homes. On 16 November, the DCLG published a summary of the responses to the consultation: The Future of the Code for Sustainable Homes - Making a Rating Mandatory: Summary of Responses (DCLG). The responses showed extensive support for a mandatory rating system. The Government therefore proposes to introduce mandatory ratings, possibly from April 2008, but the timing of this will be announced shortly. The majority of the responses to the consultation were in favour of mandatory ratings being included in home information packs.

In July 2007, the Department for Communities and Local Government (DCLG) published a consultation on its proposal to lengthen the time limits for prosecution of breaches of the building regulations. See Legal update, Consultation on longer time limits for prosecutions for breaches of building regulations. The consultation closed on 23 October 2007 and the DCLG have published a summary of the responses, Longer time limits for prosecution of breaches of the building regulations: Summary of consultation responses. The key proposals in the consultation, to implement longer time limits for local authorities to prosecute for breach of building regulations, were strongly supported by the majority of the respondents, perhaps not surprising, as over half of the responses came from local authorities. It seems that the proposed clause dealing with the extended time limit in the Housing and Regeneration Bill is likely to remain.  

The Queen's Speech was delivered on 6 November 2007 and announced a number of Bills, which are of particular interest to the property industry: Climate Change Bill.Crossrail Bill.Energy Bill. Housing and Regeneration Bill.Planning Bill. The following Bills will be of more general interest to the property industry: Channel Tunnel Rail Link (Supplementary Provisions) Bill. Local Transport Bill. Regulatory Enforcement and Sanctions Bill. Drafts of the following Bills are expected to be published in 2008 for pre-legislative consultation: Cultural Property (Armed Conflict) Bill. Marine Bill.PLC Property will report on these Bills and will record their progress through the PLC Property Legislation Tracker.

In 2006, the Department for Communities and Local Government (DCLG) published Strong and prosperous Communities - The Local Government White Paper (White Paper). The White Paper, which came in two volumes, detailed wide-ranging proposals for reform of local government.The DCLG has now published Strong and prosperous communities - The Local Government White Paper Implementation Plan: One Year On, which details the progress that has been made towards implementing the White Paper's proposals.

The Court of Appeal has provided guidance on the exercise of the county court's discretion under section 610 of the Housing Act 1985 to modify restrictive covenants that prevent the conversion of a property from a single dwelling-house into flats.

The Sustainable Communities Act 2007 (the Act) came into force on 23 October 2007.The Act aims to promote the sustainability of local communities through a number of means, including preserving or reviving local economic activity and protecting the local environment.The Act imposes upon the Secretary of State a duty to assist local authorities in promoting the sustainability of local communities. The Secretary of State is required to invite, and select for implementation, proposals by local authorities for the implementation of measures designed to promote sustainable communities. The Secretary of State must then make regulations and produce an action plan on the implementation of the proposals by the local authorities.

The Department for Communities and Local Government (DCLG) has announced that it plans to create a new organisation, the Office for Tenants and Social Landlords (OTSL), to regulate social housing.The decision to establish the OTSL follows the recommendation in the Cave Review of Social Housing, that an independent social housing regulator should be established by statute, with specified duties and powers relating to the ownership and management of social housing. The DCLG has also consulted on its proposals following the Cave Review.The OTSL will replace the role currently played by the Housing Corporation and will work alongside the Homes and Communities Agency (previously referred to as Communities England). The Government intends the OTSL to become responsible for the regulation of social housing owned by local authorities, within two years of it coming into operation.For background information on the changes to social housing regulation, see Legal updates:Government announces review of housing and regeneration and reports on sustainable development.Communities England: a new housing and regeneration agency.Consultation on Communities England.Housing Green Paper is published.

The 2007 Pre-Budget Report was delivered by the Chancellor on 9 October 2007. This Legal update examines those implications that will be of particular interest to property lawyers.

The Government has published the Houses in Multiple Occupation (Specified Education Establishments) (England) (No. 2) Regulations 2007 (the Regulations).The Housing Act 2004 creates a licensing regime for houses in multiple occupation (HMOs). Student accommodation managed or controlled by specified educational establishments are not HMOs for the purposes of the Act. The Regulations specify these educational establishments.The Regulations come into force on 1 October 2007.

Two new sets of regulations have been published which deal with the licensing regime that will apply to blocks of self-contained flats from 1 October 2007.

The Department for Communities and Local Government (DCLG) has published the Housing Green Paper, which sets out the Government's proposals to increase the supply of housing by three million homes by 2020.The Housing Green Paper is 128 pages long. This update is not intended to summarise every proposal and announcement made. If detailed knowledge of the Housing Green Paper is required, the document should be read, together with the other associated documents published at the same time (see Legal update, Government publishes Housing Green Paper and related documents).This update is intended to give a broad overview of the Housing Green Paper, which is important, as it sets out policies and proposals and introduces new terminology that will be referred to and built on throughout the next thirteen and more years. Note that Housing Green Paper contains proposals on alternative approaches to Planning Gain Supplement. These are reported on in detail in this update.

The Department for Communities and Local Government (DCLG) published the following documents on 23 July 2007: A Housing Green Paper. Practice Guidance on Strategic Land Availability Assessment, which gives local authorities advice on identifying land for housing and assessing deliverability. An Eco-towns Prospectus, which sets out a "vision" and specification for local authorities and developers on developing eco-towns. A Policy Statement confirming the Government's intention for all new homes to be zero carbon by 2016. A document outlining the significant and progressive changes that will need to be made to the energy efficiency requirements in the Buildings Regulations to ensure that all new homes are zero carbon by 2016. A consultation document on making the Code for Sustainable Homes mandatory. Preliminary advice on implementing Planning Performance Agreements. An analysis of the responses received to the consultation on the draft Planning Policy Statement on Planning and Climate Change. A Policy Statement on water efficiency in new buildings. For links to all of these documents, see DCLG press release. PLC Environment and PLC Property will produce detailed legal updates on these documents once they have had a chance to consider the full implications for their subscribers.

The Law Commission has published a consultation paper on proposals intended to promote responsible behaviour by landlords in relation to the private residential rented sector. The consultation period closes on 12 October 2007. The proposal is that landlords would only be able to let property through an accredited scheme or if they were a member of a recognised association of private landlords or if they let through a letting agent that was a member of an accredited scheme or association. The Government would set key standards of behaviour for landlords, which would initially be enforced by the accredited scheme or association, but ultimately would be enforced by a central body.

The Government has published new regulations to deal with the licensing regime that will apply under section 257 of the Housing Act 2004 to blocks of self-contained flats.The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 and The Houses in Multiple Occupation (Certain Converted Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (England) Regulations 2007 both come into force on 1 October 2007.

On 22 June 2007, the Office of Fair Trading (OFT) announced that it has launched a market study into the UK housebuilding industry. The OFT intends to consider potential competition and consumer concerns in the market, focusing on issues connected with the delivery of new housing (whether development land is being effectively brought through to the planning approval stage and whether land with planning permission is being converted effectively into homes) and customer satisfaction with the new properties available.

Following the recent review of the regulation of social housing by Professor Cave resulting in his report, Every Tenant Matters - A review of social housing regulation being published on the 17 June 2007, the Government has published a consultation paper looking at proposals to improve tenant empowerment, particularly in relation to the management of social housing stock.  

The Equality Act (Sexual Orientation) Regulations 2007, which are due to come into force on 30 April 2007, have been published. These regulations prohibit discrimination on grounds of sexual orientation in the provision of goods and services, the management or disposal of premises, the provision of education and the performance of public functions. The final regulations follow the draft regulations that were reported on in detail in an earlier Legal update, Sexual orientation discrimination: draft regulations property implications, which considered aspects relevant to property practitioners.

Three orders relating to tenancy deposit schemes (TDSs) were published on 21 March 2007:The Housing (Tenancy Deposit Schemes) Order 2007.The Order inserts new provisions into Schedule 10 of the Housing Act 2004 which sets out the procedures that apply when a tenancy is terminated by the landlord, tenant or scheme administrator.The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. The Order lists the prescribed information to be provided to a scheme administrator by a landlord and tenant when applying for TDS membership.The Housing (Tenancy Deposits) (Specified Interest Rate) Order 2007.The Order sets the rate of interest payable on interest accrued on a deposit held under a custodial TDS.The three orders are unchanged from their draft versions.TDSs will be coming into force on 6 April 2007 and may lead to landlords incurring significant financial penalties for failing to place a tenant's deposit into a TDS.For more information on TDS see Practice note, Tenancy Deposit Schemes.

A new Practice note has been added to PLC Property: Tenancy Deposit Schemes.As from 6 April 2007, it will be compulsory for a landlord of an assured shorthold tenancy, to protect any deposit paid by its tenant through an authorised tenancy deposit scheme (TDS) operated by one of the approved scheme administrators. Failure to do so may have serious consequences. The landlord may be liable to pay the tenant an amount equal to three times the deposit, and may be prevented from serving a section 21 notice to recover possession of the property.TDSs were introduced by the Housing Act 2004 but much of the detail is contained in secondary legislation that still in draft form. The legislation stipulates what TDSs must provide. In practice, landlords, tenants and letting agents will be shielded from much of the detail in the complex package of primary and secondary legislation governing TDSs, by the fact that approved scheme administrators will provide the parties with the package of information required. The problem lies in ensuring that landlords and tenants are aware of the TDS requirements. There has been comparatively little public promotion of the schemes for the benefit of either landlords or tenants. Lawyers advising in relation to assured shorthold tenancies should be aware of the basic requirements.A recent survey undertaken by the Association of Residential Letting Agents reported that almost 25% of landlords interviewed were unaware of the TDS legislation and a f

The Department for Communities and Local Government has published a consultation paper reviewing the planning guidance in Circular 22/91: Travelling showpeople, which is to be replaced by a new circular.A draft of the proposed new circular has been produced which covers the procedures to be followed to ensure that the planning system recognises, protects and facilitates the traditional lifestyle and business of travelling showpeople.

The Sustainable Communities Bill (the Bill) received its first reading in the House of Commons on 13 December 2006. It is a private member's bill and the second reading is scheduled for 19 January 2007.The Bill aims to promote the sustainability of local communities through a number of means, including preserving or reviving local economic activity and protecting the local environment.The Secretary of State will have a duty to assist local authorities in promoting the sustainability of local communities. The Secretary of State will produce an action plan, specifying proposals for discharging that duty. PLC Property will be following the Bill's progress in its Property legislation tracker.

The 2006 Pre-Budget Report was delivered by the Chancellor on 6 December 2006. This Legal update examines those implications that will be of particular interest to property lawyers. For information on all aspects of the 2006 Pre-Budget Report, see Practice note, Pre-Budget Report 2006.

Four statutory instruments have been made in respect of certain aspects of the reforms introduced by the Housing Act 2004. These relate to selective licensing, management orders and empty dwelling management orders and came into force on 26 October 2006.

The Government has published its report responding to the recommendations of the ODPM Select Committee following its inquiry into housing supply and affordability. The report will be of particular interest to planners and developers. In the report, the Government confirms that it is continuing to look at how a Planning-Gain Supplement might be operated to help finance the necessary infrastructure to create improved environments. It will also be focusing on increasing the provision of social housing, supporting home ownership through low-cost home ownership schemes and equity release schemes, making efficient use of land and managing the environmental impact of housing. A new planning policy statement is proposed on climate change and a tougher Code for Sustainable Homes is planned, which will cover energy, water, materials and "liveability".

The Department for Communities and Local Government has published a consultation paper setting out its proposals for the reform of Planning Delivery Grant (PDG). PDG has been allocated to local authorities since 2003 in an attempt to improve their performance in handling planning applications, by enabling investment in systems, IT, training and staff.The proposals for the reform of PDG aim to build on the Barker Review of Housing Supply's recommendation that the government should "consider ways of incentivising local authorities to meet housing growth targets". Responses to the consultation are requested by 17 October 2006.For background on the Barker Review and the government's response, see: Legal update, Pre-budget report 2005: planning gain supplement, housing and real estate investment trusts. Trends and development tracker, Barker Review 2003-2004: supply of housing.For details of the consultation, see Housing and Planning Delivery Grant: consultation paper.

The Housing Corporation (Delegation) etc. Act 2006 received Royal Assent on 19 July 2006 and came into force on the same day. It makes provision for:The delegation of functions by the Housing Corporation.The validation of delegations made by the Housing Corporation and Housing for Wales prior to the Act becoming law.The Act is the result of concerns about various powers and decisions that were delegated by the Housing Corporation and Housing for Wales, without lawful authority.

Bath and North East Somerset Council v Connors and others, 5 July 2006 (High Court).The High Court has again considered the impact of the new guidance contained in Circular 01/06 - Planning for Gypsy and Traveller Caravan Sites.This case deals with issues similar to those considered in South Bedfordshire District Council v John Price and others and South Cambridgeshire District Council v Flynn and others, which were the subject of Legal update, Circular fails to assist travellers. That Legal update has been amended to include comments on the decision in Connors.

These statutory instruments relate to the licensing of, and management standards for, Houses in Multiple Occupation (HMOs) and also to interim management orders under section 103 of the Housing Act 2004.

The Home Information Pack Regulations 2006 were laid before Parliament on 14 June 2006. The provisions relating to approved certification schemes come into force on 6 July 2006, with the remainder of the regulations coming into force on 1 June 2007, the day on which Home Information Packs (HIPs) become mandatory.For more information on HIPs, see Trends and developments tracker: Home Information Packs.Each HIP is to contain a Home Condition Report that will be completed by a home inspector, each of whom must be a member of a certification scheme. The Department for Communities and Local Government (DCLG) has issued Business Standards and Technical Standards to be applied to certification schemes.

The second reading of a Private Members' Bill which would prevent the introduction of Home Information Packs (HIPs) has been postponed until 20 October 2006, due to a lack of parliamentary time.The progress of HIPs is being tracked in the PLC Property Trends and developments tracker.

The Office of the Deputy Prime Minister (ODPM) is being replaced by a new Department for Communities and Local Government (DCLG), which is to be headed up by Ruth Kelly. The new DCLG will take on responsibility for housing, urban regeneration, planning and local government.It is not yet clear what will happen to web addresses for all the materials published by the ODPM. During the transition period, it may be that some of the weblinks from PLC Property will not work. PLC Property will endeavour to correct any resulting broken links as soon as possible.

The Office of the Deputy Prime Minister (ODPM) has announced a review of the institutional structure of the government's housing and regeneration programmes.The ODPM has also, along with the Department for Environment, Food and Rural Affairs (Defra) and the Department for Trade and Industry (DTI), published a report on strengthening the delivery of sustainable development in England.

The High Court has held that it was not unlawful for a council to evict a group of travellers on a regular basis over a number of years, without offering them a permanent site.

R (on the application of Casey and others) v Crawley Borough Council, 1 March 2006 (High Court)The High Court rejected a claim by a group of travellers that a council had unlawfully evicted them on a regular basis over a number of years, without offering them a permanent site.

Seven new statutory instruments have been laid before Parliament that will bring into force, on 6 April 2006, various reforms introduced by the Housing Act 2004. These relate to the licensing of Houses in Multiple Occupation (HMOs) and management standards for HMOs; selective licensing; management orders and empty dwelling management orders.

The government has delivered its response to the consultation paper, Housing and Planning in the Regions, issued in September 2004. It has decided to proceed with its proposals to merge the Regional Planning Body and Regional Housing Board and to set up an independent, national advice unit to provide the merged bodies with advice on housing numbers and affordability.

As part of the Government's response to Kate Barker's Review of Housing Supply, the Office of the Deputy Prime Minister has published a consultation draft of Planning Policy Statement 3: Housing.

One aspect of the legal definition of a caravan is that it must comply with certain limits on dimensions. Failure to comply with the maximum dimensions means that the structure does not qualify as a caravan, which term includes not only touring caravans, but also mobile and park homes. This loss of status can have important implications for occupiers and owners of caravan sites. The government has published a consultation paper on proposals to increase the statutory maximum dimensions of "caravans". The changes are driven by the need to allow caravans to be slightly larger to allow for thicker walls and insulation to improve energy efficiency whilst at the same time keeping the caravan within the legal definition to avoid the loss of the potential benefits and liabilities associated with a structure being a caravan. Note added 2 February 2006: Consultation Response published January 2006.

The Queen's Speech (17 May 2005) contains some measures of interest to property lawyers including proposals for the support and management of rural land, draft legislation on the management of common land and the establishment of a development framework for managing coastal areas, marine habitats and wildlife.

The Housing Act 2004 (Commencement No.2) (England) Order 2005 brings into force provisions to ensure that people with a disability, who need to move, are given reasonable preference by local housing authorities when allocating accommodation.

On 24 March 2005, the Finance Bill 2005 and explanatory notes were published, although the explanatory notes are not yet available on the HMSO site. For background, see Legal update, Budget 2005: implications for property.

A note of the main Budget 2005 proposals affecting property. NOTE ADDED: The Finance Bill received Royal Assent on 7 April 2005. For more information on the Finance Act 2005, see Legal update Royal Assent for Finance Act 2005 and the Commissioners for Revenue and Customs Act 2005.The Finance (No. 2) Act 2005 received Royal Assent on 20 July 2005. It contained those parts of the first finance bill that were not included in the Finance Act 2005 because of the lack of time before the general election in May 2005. The Finance (No.2) Act 2005 largely contains anti-avoidance provisions. For more information see Legal update Finance (No. 2) Act 2005: Royal Assent given.

The Office of the Deputy Prime Minister has published a consultation paper on the implementation of the provisions in the Housing Act 2004 dealing with licensing houses in multiple occupation (HMO).

The Court of Appeal has held that gypsies could retain their caravans on their land, even though they had no planning permission to do so.

The ODPM has today published various factsheets setting out information on the main provisions of the Housing Bill 2003.

Connors v United Kingdom, 27 May 2004 (European Court of Human Rights).The European Court of Human Rights has found that the statutory scheme operated by local authorities for the provision of caravan sites for gypsies, fails to provide adequate safeguards for gypsies. In this case, the applicant and his family were evicted by the local authority and made homeless as a result. The procedure for eviction required only the service of notice to quit and no examination of the local authorities reasons for eviction. Although the applicant had the right to apply for judicial review, this was not a case for judicial review. There was no procedure for safeguarding the applicant from an unjustified serious interference with his rights. The ECHR ruled that there had been a violation of Article 8 of the Convention.

A note of the main Budget 2004 proposals affecting property. The Finance Bill has been published: Finance Bill 2004: Bill and explanatory notes. NOTE ADDED 22/07/2004: The Finance Bill received Royal Assent on 22 July 2004. For more information see Legal update, Finance Act 2004: Royal Assent given on 22 July 2004. For access to the Finance Act 2004, see Finance Act 2004.

The government has published an analysis of the responses to the consultation on the draft Housing Bill.

The Housing Bill and its explanatory notes are now available on the Houses of Parliament website. The ODPM has also published Regulatory Impact Assessments for various parts of the Bill.

The Office of the Deputy Prime Minister has published a consultation paper on the removal of barriers in the process of housing transfers to facilitate innovative private finance.

The Law Society has published its responses to the ODPM consultation papers on the draft Housing Bill.

The ODPM has published a consultation paper on the possibility that English councils might take over a lease, or take over the management of privately owned but empty residential properties, in order to meet housing needs.

Resources for the Budget 2003.

Sustainable Communities: Building For The Future. The Office of the Deputy Prime Minister has published its action plan to take forward the government's policies for building sustainable communities. The plan contains proposals for more affordable housing; priority growth areas; regeneration of deprived areas; and the ability for local authorities to let privately owned properties that are left empty.

R v Secretary of State for the Environment, Transport and the Regions, ex parte O'Byrne, 14 November, 2002 (House of Lords). In a case which concerned the apparent inconsistency between Right to Buy legislation and green belt legislation, the Court of Appeal had reviewed the basis upon which one statute can impliedly be repealed by another. The House of Lords has upheld the decision of the Court of Appeal, although the Lords' comments on the implied repeal of an earlier statute by a later one were merely obiter.

Queen's Speech November 2002. The Queen's Speech (13 November, 2002) includes measures of interest to property lawyers: planning legislation; reform of local government, including a Referendum Bill providing for referendums to be held on the issue of regional governance in England; legislation on housing and housing standards, including measures to introduce the controversial seller's pack; legislation on the environment, including water conservation and clean-up liabilities in connection with nuclear sites and facilities; and legislation to streamline the licensing system for premises selling alcohol.

The Office of the Deputy Prime Minister has announced a package of measures aimed at tackling the country's housing shortage. Planning reform is seen as an essential element in implementing these measures and the government has also announced the publication of its response to the Planning Green Paper and two supporting papers on regional and local plans and compulsory purchase and compensation. This item contains a brief summary of some measures covered by these papers and links to more detailed notes: Government response to the Planning Green Paper; Government proposals on regional and local plans; Government proposals on compulsory purchase and compensation.

The Court of Appeal has held that the Leonard Cheshire Foundation is not a public authority and that its provision of residential accommodation to disabled persons, the fees for whom were paid by the local authoirity, was a private act for the purposes of the Human Rights Act 1998.

The Land Registration Act 2002 received Royal Assent on 26th February, 2002 but is not expected to take effect for 12 to 18 months.

Uratemp Ventures Ltd v Collins, 11 October, 2001 (House of Lords). In a case concerning the long term occupation of a single room in a hotel, the House of Lords held that the absence of cooking facilities in the room did not prevent the room being a 'dwelling'. As a result it was possible that the occupier had security of tenure under the Housing Acts. However, by the time of the judgment the occupier had vacated the room, the 'landlord' had withdrawn its opposition to the appeal and the issue of whether the arrangement was a lease or a licence was not decided.

Yenula Properties Ltd v Naidu, 18 July, 2001 (High Court). A notice served under section 20 of the Housing Act 1988 (needed to make the tenancy an assured shorthold rather than an assured tenancy) was valid if served on the prospective tenant's agent rather than the tenant itself.

Stirling v Leadenhall Residential 2 Ltd, 29 June, 2001 (Court of Appeal). A former Housing Act tenant was allowed to remain in occupation after the landlord had obtained a possession order. The terms of the order permitted the landlord to accept a stated amount per month as mesne profits until the former tenant actually left the property. The Court of Appeal held that an agreement by the landlord to accept payment of the arrears in respect of which the possession order had been obtained, did not alter the status of the former tenant as a tolerated trespasser of the property.

The cabinet reshuffle following the general election has been accompanied by a reorganisation of government departments responsible for several property-related areas of law and policy. The main change is the transfer of responsibility for environment and rural affairs from the DETR (now renamed the DTLR) to what is now the Department for Environment, Food and Rural Affairs (DEFRA), which also takes over the responsibilities of what was MAFF.

The government has published an Implementation Plan to progress the key recommendations in the Urban White Paper Our Towns and Cities: the Future.The Implementation Plan summarises achievements to date, such as:Encouraging use of empty or under-used property.Encouraging business and people to return to urban brownfield sites.Engaging the private sector in regeneration by finding long-term initiatives to the Partnership Investment Programme.Bringing new investment, people and business into key urban areas through Urban Regeneration Companies.The Implementation Plan also reports on ministerial mechanisms to oversee progress and identifies key tasks to be achieved by the end of 2002.

R v Secretary of State for the Environment, Transport and the Regions, ex parte Spath Holme Ltd, 7 December, 2000 (House of Lords). The House of Lords, reversing the Court of Appeal, has ruled that the Rent Acts (Maximum Fair Rent) Order (SI 1999 No 6) is valid. The Order was made to limit the maximum fair rent registrable in respect of regulated tenancies. The judgment reiterates the tests in Pepper v Hart on when reference may be made to Hansard to determine the meaning of legislation and gives guidance on the interpretation of consolidating legislation.

The Housing (Right to Acquire) (Discount) Order 2000 came into force on 17th July, 2000.