Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
To recap the following tools will be available as of 20 October 2014:
- New absolute Ground for Possession – available for both secure and assured tenants, the new absolute Ground for possession creates 5 different conditions that can give rise to a mandatory Possession Order. Judges in the County Court will not be able to consider whether it is reasonable to make an Order;
- Criminal Behaviour Orders – the replacement for the old style CRASBO’s;
- Closure Orders – gone are the “crack house closure orders” to be replaced with a wider power to temporarily close premises for up to a maximum of 6 months;
- The Community Trigger – the system for victims of ASB who feel that their complaints have not been dealt with effectively to ask external agencies, such as the Police or Local Authority, to review their case;
- The Community Remedy – gives members of a community the opportunity to shape the way in which non-court based punishment for ASB is implemented by the Police;
- Dispersal Power – allowing the Police to require a person who is or is about to commit ASB, crime or disorder to leave a designated area for up to 48 hours;
- Community Protection Notice – a Notice requiring an individual, business or organisation to stop conduct that is having a detrimental effect on the quality of life of those in the locality;
- Public Spaces Protection Order – designed to tackle persistent or continuing behaviour of individuals or groups of individuals in a public place.
What is delayed?
- The ASBO on application is not being abolished until the new Injunction provisions are in force;
- The ability to delegate powers to social landlords to issue Community Protection Notices is also delayed until further legislation is created
We have issued a number of ebriefings in relation to the various new tools and these give more specific detail on the content of each power. Here is our September briefing.
Now is the time to:
- Review policies and procedures to reflect the changes;
- Seek co-operative working agreements with partner organisations such as the Police and the Environmental Health Department;
- Update your template documents – NSP’s, proportionality assessments, Certificates of Consultation etc;
- Ensure your teams are up to date with the new provisions.
We are already providing extensive, in-depth training in relation to the new toolkit so do contact us to discuss your requirements. We will also be touching on these issues at our annual Housing Management Update Session on 19 November 2014. This session is free to clients.
For more information
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.