The project aims to reduce the use of traditional source energy by installing and maintaining solar PV panels on around 130 houses which will in turn reduce energy consumption and result in a reduction in residents' energy bills.

Despite recent controversial cuts to Feed-in Tariff levels many housing providers and others believe solar PV schemes remain a viable option for reducing energy consumption. If you're interested in discussing a solar PV project then please contact Caroline Mostowfi (Partner) of our Energy and Climate Change Team, tel: 020 7065 1855.

Andrew Cowan led the Devonshires team which advised on all aspects of the merger, including the transfer of property and negotiating with lenders and pensions providers. Nick Billingham also provided advice on housing management aspects.

Andrew Cowan of Devonshires led a team of lawyers across the firm advising on all aspects of this deal, including structuring advice, banking, corporate, governance, IT, procurement, pensions, housing management and property advice.

The Regulations:

·         Will require head teachers (or Academy proprietors) to inform the relevant "responsible body" of the exclusion. This will be the governing body, the Academy proprietor or the management committee. If the exclusion is permanent, will result in a public examination or National Curriculum test being missed or will take the total number of exclusions for that pupil above five days in a school term, the local authority will also need to be informed.

·         Require the responsible body to consider the reason for the exclusion and any representations before making a decision about whether the pupil should be reinstated following permanent exclusion. This decision is open to review by a review panel organised by the local authority if requested by the relevant person.

·         State that a review panel can recommend that a responsible body reviews its decision or quash the decision and direct the responsible body to reconsider it if the decision was not legal, reasonable and fair. The review body can order a note to be placed on the pupil's record and where the decision is quashed adjust the schools' budget share for that funding period up to £4,000 in order to pay for the alternative provision for the child. However, a review panel will not be able to force a school to take back a pupil that it has excluded.

Martin Watts, Head of Treasury at L&Q commented that "L&Q are delighted with the outcome of the deal, not only with the pricing to achieve the lowest coupon in the sector in recent times, but also with the strict seven week timeframe in which the deal completed from start to close. We are particularly grateful of the efforts made by all of the parties involved, including the Devonshires banking team, who helped us achieve what has been described as a fantastic deal".

Julian Barker acted for L&Q on the bond issue, assisted by Eleanor James.

·         Local housing authorities must prepare and publish their tenancy strategies by April 2013.  If you are a Registered Provider you should be talking to your local authority partners to ensure that their tenancy strategies and revised allocation policies suit your purposes.

·         Flexible tenancies can now be granted. Local authorities need to be aware of the Regulations governing reviews of decisions to end flexible tenancies and ensure that these provisions are incorporated into their policies and procedures on the use of flexible tenancies.

·         Amendments to the Law of Property Act 1925 and the Land Registration Act 2002 remove the requirement for flexible tenancies or fixed term tenancies (which are not long tenancies or shared ownership leases) to be executed by deed or registered with the Land Registry.

·         Transfer of Tenancies: Mutual exchange can now be effected by surrender and regrant.  However it should be noted that certain types of assured shorthold tenancies (including fixed term affordable rent tenancies) are specifically excluded from these provisions.

·         Changes to Succession: For new secure tenancies granted after the 1 April 2012 succession rights will be restricted to spouse or civil partner. In relation to assured tenancies the statutory succession rights contained in Section 17 of the Housing Act 1988 have been extended to fixed term tenancies.  In relation to both secure and assured tenancies any express term of the tenancy that makes provision for a person other than a spouse or civil partner to succeed will operate as a succession under the Act rather than requiring the grant of a new tenancy. 

·         Provisions in relation to fixed term ASTs: Amendments are made to Section 21 of the Housing Act 1988 setting out the requirement for a "minded to" Notice to be served at least 6 months before possession is sought, in addition to the Notice Requiring Possession.

·         Right to Acquire: Amendments to the Housing and Regeneration Act 2008 to bring in Regulations that exclude certain types of assured shorthold tenancy from the right to acquire, including affordable rent fixed term tenancies.

·         Disrepair:  Amendments to Section 11 of the Landlord & Tenant Act to include repair obligations in leases of 7 years or more where such tenancies are flexible tenancies or fixed term ASTs that are not shared ownership leases.

If you require any further information please contact:
 
Nick Billingham, Partner
nick.billingham@devonshires.co.uk
020 7880 4272

or

Donna McCarthy, Partner
donna.mccarthy@devonshires.co.uk
020 7880 4349 

A copy of the judgement can be seen here.