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31/12/2015

Forthcoming Attractions

Happy new year, if at all possible. Some things to await – if not necessarily look forward to – in 2016 (mostly in England).

January
Possibly will see the Supreme Court judgment in Samin v Westminster CC on EU eligibility for housing. Heard in March 2015.

February
1 February 2016 – the ‘right to rent’ requirements to be rolled out nationally.

First likely point for private landlords to start to mess up the new Deregulation Act 2015 section 21 requirements for post 1 October 2015 ASTs.

March
Supreme Court to hear the appeals in MA & Ors on disability discrimination and the bedroom tax.

Supreme Court to hear McDonald v McDonald on the application of human rights defences to private/section 21 possession proceedings.

April
Reduced benefit cap of £23,000 pa in London/£20,000 pa outside London comes into effect.

Court of Appeal to hear Barrett v Robinson on contractual costs under leases.

May
Supreme Court to hear the appeal in Edwards v Kumarasamy on extent of interest in land required for landlord’s liability for defects to common parts.

Of unknown date, but looming

Immigration Bill – Extended ‘right to rent’ rules including eviction without proceedings & criminal liability for landlords in breach.

Housing and Planning Bill – As it stands (and there is a long way to go) includes compulsory fixed term secure tenancies, ‘pay to stay’ enabled for council tenants, councils to have to pay the value of ‘more expensive’ properties to Treasury. Various ‘rogue landlord’ provisions on council enforcement against private landlords.

Likely legislation/regulations to extend the definition of mandatory licensing for HMOs to properties below three storeys.

This is, of course, just what we know about now. It is going to be a full, difficult year. For everyone.

As ever, always have a housing lawyer with you at all times…

 

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

3 Comments

  1. chief

    As noted above, MA is to be heard in March – over the 1st and 2nd before (intriguingly) a panel of 7, made up of Neuberger, Hale, Mance, Sumption, Carnwath, Hughes and Toulson.

    Again, as noted above, McDonald is also to be heard in March – over 15th and 16th. The panel for this is only 5 (which is in itself quite interesting) – Neuberger, Hale, Wilson, Carnwath and Hughes.

    Reply
  2. Curious and significant

    MAY Supreme Court to hear the appeal in Edwards v Kumarasamy on extent of interest in land required for landlord’s liability for defects to common parts.

    Any news on this?

    Reply

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