To help you keep up with the law and comply with registered provider standards, this monthly law update covers the current legal issues affecting the social housing sector.
It includes the main legislative and case law developments and statutory guidance issued for Social Housing sector from the last two months, with links to the relevant sources to find out more.
Quick links
Bristol housing charity sanctioned for misconduct and mismanagement
The Charity Commission | 25 September 2019
Charity Commission concludes investigation into Bristol Sheltered Accommodation and Support. The regulator says the case highlights difficulties in holding providers of supported housing to account. Read more
Government response to the Housing, Communities and Local Government Select Committee report on modern methods of construction
Ministry of Housing, Communities and Local Government | 18 September 2019
A Ministry of Housing, Communities and Local Government command paper sets out its reply to the report "Modern methods of construction" (HC Paper No.1831, Session 2017/19). Read more
SMOs must “prepare for all scenarios” to maintain data flows when UK leaves the EU
Information Commissioner's Office | 11 September 2019
The ICO has urged businesses to “prepare for all scenarios” as it publishes dedicated guidance to help small and medium sized organisations prepare for the possibility that the UK leaves the European Union with no deal. Read more
Covert recordings - EAT provides guidance
TLT legal insight | 19 September 2019
The Employment Appeal Tribunal has recently provided guidance on how employment tribunals should approach evidence which has been covertly obtained by employees recording meetings. Read more
Employment Law Focus: Burnout and workplace stress
TLT podcast | 4 September 2019
Chronic stress impacts employee wellbeing, productivity and company performance.
With the World Health Organisation now classifying burnout as a workplace disease, employers need to understand their legal and moral duties to prevent, identify and manage this issue. Listen to the full episode
Considering the impact of AI integration on employees
TLT opinion | 27 August 2019
Whether it is Amazon Robotics and their automated warehouse delivery robots, or companies such as Legal Sifter creating targeted document review systems, it is very evident that technology is impacting many employment sectors and encroaching on jobs performed by human employees. Read more
Clarification on post-termination restrictive covenants
TLT legal insight | 20 August 2019
In an important and helpful judgment, the Supreme Court has provided guidance, for the first time in 100 years, on the controversial question of whether unenforceable wording can be removed from a restrictive covenant, allowing the rest of the restriction to remain valid and enforceable. Read more
Sprinklers and other fire safety measures in new high-rise blocks of flats
Ministry of Housing, Communities & Local Government | 5 September 2019
Consultation proposal on options to reduce the trigger height for sprinkler provision in new high-rise blocks of flats in England, alongside other fire safety measures. This consultation closes on 28 November 2019. Read more
Will right to buy for housing association tenants worsen the housing crisis?
TLT legal insight | 7 October 2019
The Housing Secretary has announced plans to give tenants of new housing association homes the right to purchase a share in the equity of their property. What impact could this have on the current housing crisis? Read more
Supreme Court finding that the prorogation of Parliament was unlawful - Housing Bills before Parliament
Supreme Court | 24 September 2019
As a consequence of the Supreme Court finding on 24 September 2019 that the prorogation of Parliament on 9 September was unlawful and is void, Parliament remains in session. Accordingly, those Housing Bills before Parliament on 9 September have not failed, as had been supposed. Read more
A new national model for shared ownership?
TLT legal insight | 23 September 2019
The government is reviewing a new national model for shared ownership to make it easier for people to buy more of their own home, including allowing them to buy in 1% increments.could be on the way. Read more
EU citizens in the UK: access to social housing and homelessness assistance in a no deal scenario: updated guidance
Ministry of Housing, Communities & Local Government | 12 September 2019
Information for local housing authorities on the rights of EU citizens in the UK to access social housing, including supported housing, and homelessness assistance if the UK leaves the EU without a deal. Read more
"Right to rent” judicial review appeal
Case Tracker | 4 September 2019
The appeal by the Secretary of State against the High Court’s judgment in R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) is listed to be heard in the Court of Appeal on 14 and 15 January 2020. The High Court held that the government’s ‘right to rent’ policy was incompatible with the Human Rights Act. Read more
Specialist supported housing providers
Local Government Association | 2 September 2019
A joint briefing note for clinical commissioning groups (CCG) and local authority learning disability commissioners, prepared by NHS England, NHS Improvement, the Local Government Association (LGA) and the Association of Directors of Adult Social Care (ADASS), on the current position with respect to specialist supported housing providers in light of recently issued statements and findings relating to a number of such providers found to be non-compliant with Social Housing Regulatory Standards. Read more
Anti-social behaviour and housing – England
House of Commons Library | 23 August 2019
This briefing paper provides an overview of the remedies available to social landlords to deal with tenants who exhibit anti-social behaviour. The paper focuses on England but some of the same legislation applies in Wales. Scotland and Northern Ireland operate under different legislative regimes. Read more
Reform of anti-social behaviour powers: statutory guidance for frontline professionals
The Home Office | 5 August 2019
Updated statutory guidance for frontline professionals (including those within providers of social housing) in relation to the anti-social behaviour section of the Anti-social Behaviour, Crime and Policing Act. The updated guidance emphasises the importance of ensuring that the powers granted by the Act are used appropriately to provide a proportionate response to the specific behaviour that is causing harm or nuisance without impacting adversely on behaviour that is neither unlawful nor anti-social. Read more
Solar panels have a right to light
TLT legal insight | 9 September 2019
The recent High Court ruling in William Ellis McLennan vs Medway Council and Ken Kennedy [2019] EWHC 1738 (Admin) has set a new precedent for planning and climate change law. Read more
Proposed reforms to permitted development rights to support the deployment of 5G and extend mobile coverage
Ministry of Housing, Communities & Local Government | 27 August 2019
This consultation seeks views on the principle of amending permitted development rights to support deployment of 5G and extend mobile coverage. This consultation closes on 4 November 2019. Read more
1 September – all change (again) for the Community Infrastructure Levy
TLT legal insight | 22 August 2019
On 1 September 2019 the Community Infrastructure Levy (CIL) will change (again). In this legal insight we remind you of the five top changes. Read more
Revenue and Customs Brief 8 (2019): review of the VAT exemption for cost sharing groups in the social housing sector
HM Revenue & Customs | 27 August 2019
This brief explains the conclusions of the VAT exemption application within the social housing sector. Read more
Tax exemption for EV workplace charging
TLT legal insight | 5 August 2019
With its targets for a carbon neutral future, the Government is increasingly showing support for the uptake of electric vehicles by introducing legislation that benefits drivers and passengers. Read more
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at October 2019. Specific advice should be sought for specific cases. For more information see our terms and conditions.
