Housing law news and comment
It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009. SI 2009/1261
Also in force today – The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009. SI 2009/1262
So, replacement tenancies all round, then.
[edit - now Read the full post
Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008.
Firstly, the successor landlord order has not changed from the draft, which can be found here. The final order will be online shortly – we hope!
Secondly, the Government will be publishing some guidance and other information here, at some stage on Wednesday.
Thirdly, the reforms will come into force in both England and Wales.
Finally- and as trailed yesterday – the Government will not be bringing paragraphs 3(3), 8(3) and … Read the full post
With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the … Read the full post
Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your control. It is also a story which may (see, that’s how you do it) have ramifications for Croydon Council’s tolerated trespassers.
Croydon v Kamal, 6CR24634, Croydon County Court 6 May 2009 was an application for stay of eviction on a breached suspended possession order made in 2006. Mr Kamal, via South West London Law Centres, made a rather unusual submission.
On 23 March Croydon had written to him. … Read the full post
News just in – the government has announced that the date for the implementation of s.299 H&R Act 2008 – which brings in ‘replacement’ tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to ‘early May’. This is apparently so that the Order on successor landlords can be scrutinised by Parliament and come into force at the same time. More detail on the successor landlords order and implementation dates to follow as and when.… Read the full post
Two new Statutory Instruments have just come out relating to this Act, and, given that I’m updating my seminar notes about the 2008 Act, I thought I’d share them with you.
The Allocation of Housing (England) (Amendment) (Family Intervention Tenancies) Regulations 2008 deal with the interaction between the new Family Intervention Tenancy (“FIT”)in the 2008 Act and Part 6, Housing Act 1996. In broad terms, Part 6 of the 1996 Act, and the subordinate SIs, deal with the rules and procedure for the allocation of property by local housing authorities.
What the 2008 SI does is to disapply Part 6 in relation to the FIT, so that any local housing … Read the full post
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