Housing Management Brief: Issue 24

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

In this edition we discuss the Public Sector Equality Duty in the light of Devonshires’ two appeal cases, Forward and Patrick (which are now the leading cases on
the PSED). We also provide guidance on High Court possession claims and fixed term tenancies and break clauses.

We hope you enjoy this edition of our brief!

Click here to read the full brief.

Featured articles are listed below.

Ensuring compliance with the Public Sector Equality Duty – 10 top tips for Social Landlords 

This year alone has seen three key cases decided in the High Court and Court of Appeal. Rebecca Brady’s article in the previous Housing Management Brief (“Recent cases provide guidance on the application of the public sector equality duty”) set out the background to two of the most recent claims, Powell v Dacorum Borough Council [2019] EWCA CIV 23 and Forward v Aldwyck Housing Group [2019] EWHC 24 (QB).

Click here to read the full article.

Issuing and enforcing possession claims in the High Court

Most claims for possession of land are issued in the County Court. Whilst it is possible to issue a possession claim in the High Court, the Civil Procedure Rules (CPR) make clear that this is only appropriate in exceptional circumstances.

Click here to read the full article.

Fixed Term Tenancies, Break Clauses and Section 21 Notices

Registered Providers will welcome the decision of the Court of Appeal in this case, which examined the effect of a break clause in a 7 year fixed term tenancy which had incorporated a starter period of one year.

Click here to read the full article.

A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants

The Government should exempt social housing from its plans to abolish Section 21 and the rest of the assured shorthold tenancy regime along with it, writes Lee Russell.

Click here to read the full article.

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