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Housing Law Update Here Comes the Judge! Thursday , 8 March 2012 Presented by:

Housing Law Update Here Comes the Judge! Thursday , 8 March 2012 Presented by:. 1. Localism – the tenure reforms 2. Social Housing Fraud 3. Trespassers. The Localism Act 2011. Flexible Tenancies = Secure Tenancies Not less than 2 years Written notice prior to grant s.107A.

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Housing Law Update Here Comes the Judge! Thursday , 8 March 2012 Presented by:

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  1. Housing Law UpdateHere Comes the Judge!Thursday, 8 March 2012 Presented by:

  2. 1. Localism – the tenure reforms 2. Social Housing Fraud 3. Trespassers

  3. The Localism Act 2011

  4. Flexible Tenancies = Secure Tenancies Not less than 2 years Written notice prior to grant s.107A

  5. 5 years ‘the norm’

  6. Tenancy Strategies 15 January 2013 ‘have regard to’

  7. Formalities: Written Notice prior to grant (not prescribed) Express Terms No Deed – no registration

  8. Introductory Tenancies Notice before the Intro that: Intro will become Flexible Length of Fixed Term Other express terms

  9. Review of Offer Length of the Term only Not in line with Landlord’s policy 21 days – give reasons No appeal s.107B

  10. Termination by Tenant 4 weeks specifying a date But not if: Arrears Material breach s.107C

  11. Recovery by Landlord on expiry of fixed term

  12. Mandatory Possession??

  13. Three Conditions: Condition 1 – Fixed Term has ended Condition 2 – 6 month minded notice Condition 3 – 2 month notice requiring possession s.107D

  14. Condition 1 Effluxion of Time Statutory Periodic Tenancy Forfeiture or standard breach proceedings

  15. Condition 2 6 months written notice Not granting another tenancy Reasons Right to request a review s.107D and E

  16. Condition 3 2 months written notice Requiring possession Served before, or on the day of, expiry of fixed term

  17. Mandatory Possession Unless: Failure to carry out review Review decision is ‘otherwise wrong in law’ 3. But...HR, Pinnock and Proportionality...

  18. Mandatory Possession??

  19. Tenancy Standard DCLG has issued Directions TSA has consulted on Directions Final form awaited...

  20. Specific Expectation: Periodic secure / assured (not AST), or Fixed term 5 years (can be AST), or Exceptionally 2 years

  21. Possession of AST subject to: (i) 6 months written minded notice (ii) Not proposing to grant another tenancy How to obtain advice or help 2. Followed by standard section 21 notice s.21(1A)(1B)

  22. Succession Emphasis on Tenancy Ts and Cs

  23. Social Housing Fraud: £900m 50,000 homes + £10,000 pa

  24. Consultation expires at 5pm on 4 April 2012

  25. Incentive to cheat > (1) risk of detection (2) penalty

  26. Existing Fraud (Civil): Unlawful subletting Key-selling Unauthorised assignment Wrongly claimed succession

  27. Existing Fraud (Criminal): Right to acquire / buy False statement to obtain a tenancy

  28. Existing Penalties (Civil): Loss of home Damages Costs

  29. Existing Detection Methods: Dedicated staff Tenancy Audits Photographs Data Matching Tip-offs

  30. Proposals Add new powers but keep existing ones

  31. Social Housing Tenancy Fraud Broad definition Triable either way: 6 months Magistrates, or 2 years Crown and / or Fine Restitutionary payment Local Authority = prosecutors Compulsion re data disclosure

  32. Intention to Return Reasonable period? Valid reasons for absence? Section 93 HA 1985 equivalent

  33. Legal Aid, Sentencing and Punishment of Offenders Bill (2012) Section 136 Residential Building Summary only 51 weeks and / or max £5,000 fine

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