1. Housing Law Update
Sue Baxter

2. Look Ahead Registered Housing Provider Manage 2,500 units
Managing Agent
Partner RP
Care and Support only (small number of unsupported)
All forms of agreements Secure Tenancies to Excluded Licences including leases

3. Issues in Housing Law
In pairs identify what issues you are experiencing that impact on Housing Law?
Decommissioned services
More chaotic customer
Lack of move-on
More challenges
Eligibility to public funds
Universal credit

4. No Change here

5. Agreements Distinction between Tenancy and Licence
Exclusive possession unfettered access/control
Licences in self contained come under the remit of the Protection From Eviction Act 1977
Licences in shared housing are excluded
New tenancies are all ASTs unless stated otherwise
Equitable Tenancies for under 18s

6. Excluded Licences Notice Notice Terminating Licence to Occupy
NTLO (use it or lose it notice period can be extended)
Notice Period
Reasonable Notice
Contractual Terms
Possession
No requirement to go to Court but ……
Automatic – beach of contractual terms

7. Protected Licences Notice Notice To Quit (prescribed information)
NTQ (use it or lose it – notice period can be extended)
Notice Period
28 days in all circumstances
Serious incidents seek other remedies
Possession
Must go to court if occupant doesn’t leave
Automatic – beach of contractual terms

8. Assured Shorthold Tenancies
Notice
Notice Requiring Possession
Section 21 Notice s21 NRP
Notice Period
2 Calendar months (minimum)
Cant expire until end of fixed term
Possession
Must go to court if occupant doesn’t leave
Automatic

9. What’s Changed

10. S21 Notices Impact of the Deregulation Act 2015
Magic Dates tenancies created after Oct 1st 2015 but will apply to all from Oct 1st 2018
Can’t serve s21 in first 4 months
New prescribed format
Only lives for 6 months
Prescribed requirements
Energy Performance Certificate
Gas safety certificate

11. Energy Performance Certificates
Energy Performance of Buildings (England and Wales) Regs 2012 and DCLG guidance ‘Energy performance certificate for the marketing, sale and let of dwellings
Required for self contained but what about shared?
DCLG guidance an EPC is not required for an individual room when rented out as it is not a building ..for separate use however this was before the Deregulation Act
Untested area of the law cautious approach get one for the whole building (lasts for 10 years) and give each tenant a copy

12. Immigration Act 2016 New NOSP format
Section 39 Immigration Act 2016 inserts a new Section 33A into the Immigration Act 2014 which means a landlord will be committing a criminal offence if:
they allow their property to be occupied under a residential tenancy agreement by an adult who is disqualified as a result of their immigration status; and
the landlord knows, or has reasonable cause to believe, that the premises are being occupied by an adult who is disqualified as a result of their immigration status.
This criminal offence has a maximum penalty of a prison term of 5 years and/or a fine.
New NOSP format

13. Mandatory Possession
Comply with Part 3 Pre Action Protocol for Possession Claims by Social Landlords
Wording in covering letter
Details writing personal circumstances
Date to get back
Consider these before making a decision
Confirmation whether proceed after consideration
Include in witness statement when issuing proceedings
Further to the guidance set out at Part 3 of the Pre-action Protocol for Possession Claims by Social Landlords, I invite you to provide us with details in writing of any personal circumstances or any other matters which you consider we should take into account before we issue the claim against you. I require these written representations by close of business on
Once we have received your written representations we will then consider the same before we make a decision as to whether to issue the possession claim against you. I will then provide you with confirmation of whether we intend to proceed and issue the claim after our consideration of those written representations.

14. Suspended Orders Civil Procedure Rules 83.2 apply to warrants
Need permission of court if judgment more than 6 years old and if order conditional
Cardiff v Lee (2016)Landlord must apply for a warrant N244 wait for permission then apply N325 additional cost
Rent cases only HMCTS has amended its bailiff request forms N325A and N445 as an interim measure to allow application for a warrant without making a separate application for permission need rent statement

15. Equality Act 2010
A person (A) discriminates against a disabled person (B) if
A treats B unfavourably because of something arising in consequence of B’s disability, and
A cannot show that the treatment is a proportionate means of achieving a legitimate aim
Does not apply if A shows they did not know or could not reasonably be expected to know that B has a disability
section 149 of the Equality Act those subject to the general equality duty must have due regard to the need to:
Eliminate unlawful discrimination, harassment and victimisation
Advance equality of opportunity between different groups
Foster good relations between different groups

16. Human Rights Act 1998 Article 8 Decision not lawfully taken
Everyone has right to respect for …… his home ….
(2) There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society …
Two defences
Decision not lawfully taken
Decision not proportionate
Not an absolute right nor does it confer a right to a home.

17. How to avoid Challenges
Pre action considerations where a tenant may have a disability or protected characteristic
Look at 3 strands of S149 EA
Is behaviour related to disability
What alternatives have been considered
Impact of behaviour
Proportionate including is negative impact on occupier outweighed by advantages

18. Any Questions?