Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Can we prevent tenants taking out the Green Deal or can we place conditions on consent?
From a landlord perspective, you will often want to prevent your stock from having non-standard fixtures. Green Deal measures are likely to be classed as improvements under tenancy agreements, for which landlords usually cannot unreasonably withhold consent. We haven’t had any cases yet about what ‘reasonable’ and ‘unreasonable’ means in a Green Deal context. It will be interesting to see how this aspect of landlord and tenant law interplays with the landlord consent which is required to the Green Deal plan (ie. the charge on the electricity meter).
Ultimately, it appears that landlords can refuse the Green Deal plan under the Green Deal regulations but will not usually have the right to unreasonably refuse an improvement. If you are minded to consent to improvements and the associated Green Deal plan, that consent may need to be on condition that a warranty is received for the installation. The warranty should be reviewed from a legal perspective and the expenses for this and your administration can be charged as part of giving consent.
Are we allowed to recommend one or two trusted Green Deal providers in our areas to our tenants?
You would need to consider how you arrive at a position where you can endorse one particular provider over any other. How much control would you want or need over the endorsed provider? If the landlord is receiving some benefit and also has extensive control over the works being carried out, it begins to look like a public works contract and other contractors that haven’t been ‘endorsed’ might challenge on the basis that you have not gone through the proper procurement process. An even more pressing point relates to your reputational issues if the endorsed provider does not perform. The landlord will have only limited control over the quality of the advice provided to its tenants or the quality of the works being implemented. Your tenants will be looking for you to sort out problems if things go wrong with a provider endorsed by you, whether it is your legal liability or not.
How can we most actively participate in the Green Deal?
If you provide works or services in-house and you have spare capacity, you might think about becoming a registered installer or assessor and working as a sub-contractor for your local Green Deal providers.
If you have more ambitious plans for creating economic activity in your area (covering owner occupiers or private landlords' stock as well), then how about creating a Green Deal business? This may involve partnering with a contractor or utility service and this might also attract additional government funding. Be aware of the procurement challenges (you might need to run an OJEU competition for any work or services delivered by the partner) and any trading implications for your charitable status. You are also likely to need your funders’ consent. However, these hurdles will be well worth it if you can help your community flourish by maximising the opportunities for creating training and jobs, and reducing the instances of people living in under-heated homes.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorporated organisation (“CIO”).
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
GDPR The General Data Protection Regulations (GDPR) will come into force on 25 May 2018 and bring changes to the rules governing data protection and the requirements placed on organisations which control or process personal data.
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