Tag Archive for 'housing associations'

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Unilateral tenancy variation

By NL on 09/06/2008. 4 Comments

Governors of the Peabody Trust v Reeve (Times report)

Registered Social landlords cannot vary tenancy agreements unilaterally, save for rent changes. Any other variation of terms requires consent of both parties in writing.

Unlike local authorities, registered social landlords such as the Peabody Trust ceased to enjoy the ability to vary tenancy agreements in accordance with section 103 of the 1985 Act after the enactment of the Housing Act 1988.

Even if it was possible under s.103, then it wouldn’t be binding under regulation 8 of the Unfair Terms in Consumer Contracts Regulations (SI 1999 No 2083).… Read the full post

Posted in assured-tenancy, FLW case note and Housing law - All. Tags: , , .

While waiting for Weaver 2

By NL on 02/05/2008. 0 Comments

The Joint Committee on Human Rights has recommended that the Oftenant regime and the Housing and Regeneration bill extend the scope of the Human Rights Act to Registered Social Landlords. In response to the Housing Federation complaining that this would limit their ability to raise private finance by making them public bodies, the committee said:

there was ‘no basis’ to the belief that giving associations a duty to act in accordance with ECHR rights would change their status from private to public ‘for any purpose other than the applicability of the Human Rights Act’.

So there. But while this is not a bad idea at all, at least as … Read the full post

Posted in assured-tenancy and Housing law - All. Tags: , , , , .

Follow-ups

By NL on 13/03/2008. 0 Comments

There have been some very interesting comments on posts from the last week, and further news on the stories, making a catch up post worthwhile.

In no particular order…

I am delighted that Tony Fearnley commented on the Helena Housing v Molyneaux & Mower post. Tony, whom a quick google reveals is from Stephensons Solicitors, acted for Molyneaux and Mower (good work there) and also brings news that Knowsley v White has been joined with L&Q v Ansell for hearing in the House of Lords, listed for 3 days in October 2008. Helena Housing and Payne v Young is getting a lot of attention at the moment (Garden … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , , .
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