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Published byMoses Harvey Modified over 9 years ago
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Making better use of existing housing stock housing law services Tim Crook
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Problems? Waiting Lists – 1.8 million Over-crowding – 258,000 Under-occupation – 428,000 Reduced Mobility housing law services
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Solution? The Localism Bill housing law services
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Tenure Reform housing law services
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Tenure Reform Fixed Term Tenancies for new Tenants 2/3 Social Landlords plan to use Use will vary: (1) limited, (2) pilot, (3) targeted, and (4) lock-stock housing law services
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Tenure Reform New Tenancy Standard Increased Freedom Principles rather than Prescription Tenancies must be compatible with: (1) housing purpose, (2) household needs, (3) community sustainability, and (4) efficient use of stock housing law services
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Tenure Reform housing law services The Key?
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Tenancy Policy Publish and maintain clear and accessible Tenancy Policy housing law services
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Tenancy Policy housing law services Types of Tenancies available Length of any Fixed Term Circumstances for granting certain tenancy types and reissuing Appeal routes Provisions for vulnerable groups Advice and assistance
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Termination During the term – normal procedure End of term – Automatic and Unqualified: subject to Policy ‘Minded To’ Notices – at least 6 months before the end: include reasons and review options housing law services
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Like a walk in the park... housing law services
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Mandatory Manacles housing law services
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Mandatory Manacles L&Q v Weaver Kay v UK Manchester CC v Pinnock Birmingham CC v Frisby housing law services
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Mandatory Manacles housing law services
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Mandatory Manacles Presumption of legitimacy Tenant to raise Proportionality No need for breach to impact on 3 rd party No need for Landlord to establish complaints Rare case where a Tenant will succeed housing law services
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Tenancy Fraud and Unlawful Sub-letting 1 – 5% of stock affected 50,000 properties £75,000 per property £3 ¾ billion housing law services
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Prevention Sign-up Photographs – Data Protection IT Settling-in Visits Raising Public Awareness Encouraging Reporting Tenancy Audits housing law services
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Enforcement Criminal Sanction – not yet Civil Sanction ‘only or principal home’ Notices housing law services
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Enforcement Possession Proceedings Plead ‘in the alternative’ Surrender housing law services
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