Housing Management Brief: Issue 23

Welcome to the brand new edition of our Housing Management brief!

There have been rapid changes in the Housing Management sector, including the recent Homes (Fitness for Human Habitation) Act 2018, which is set to bring fresh challenges to landlords when it comes to disrepair claims.

We will also be exploring recent case law, including a notable case on fixed term tenancies.

We hope you enjoy this edition of our brief!

Click here to read the full brief.

Featured articles are listed below:

Recent cases provide guidance on the application of the Public Sector Equality Duty

Breach of the PSED by a landlord is frequently raised as a defence to possession claims and, increasingly, in other tenancy enforcement action. However, until recently, there has been little in the way of guidance as to what local authorities and registered providers should actually be doing in order to comply with this duty. There have been 2 recent cases in the appellate courts which provide some guidance on application of the PSED.

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Livewest Homes Limited v Sarah Bamber [2018] EWHC 2425 (QB) – More uncertainty surrounding fixed term tenancies

This was Ms Bamber’s appeal of a first instance decision that Livewest were not required to give Ms Bamber 6 months’ notice of the fact that they did not propose to grant her another tenancy on the expiry of her fixed term tenancy pursuant to Section 21(1B) of the Housing Act 1988 (“the Act”) when exercising a break clause within the probationary period of her fixed term tenancy.

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Gas Safety Certificates and Section 21 Notices: Shooltz is here to stay

The recent county court decision in Trecarrel House Limited v Rouncefield affirming the decision of HHJ Luba QC in Caridon Property Limited v Monty Shooltz together with confirmation from the MHCLG in January 2019 that the Government does not intend to legislate to address the result of that decision make it clear that the effect of Schooltz will continue to be felt for the foreseeable future.

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How will it affect you? The Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act was enacted on 20 December 2018 and some of its provisions came into force this month. These new provisions will affect the extent of Landlords’ repair obligations and, as such, bring the risk of exposure to new claims from tenants and occupiers. As such, we write to provide a brief summary of the Act and the potential impact it will have on Landlords.

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