The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
The statutory ground for divorce under the 1973 Matrimonial Causes Act, amended by the Marriage (Same Sex Couples) Act 2013, is the irretrievable breakdown of a marriage of at least one year’s duration. This ground for divorce is evidence by one of five facts:
- your spouse has committed adultery;
- your spouse has behaved unreasonably;
- your spouse has deserted you for two years;
- you have lived apart for two years and your spouse consents to the divorce; or
- you have lived apart for five years.
Financial claims following divorce are settled by either an agreement or a court order. How this is settled depends on the statutory framework and years of case law that guide the solicitors involved. The length of the marriage relationship is a key factor in determining how assets are apportioned. Principles of fairness, need sharing, compensation and sharing must be taken into account.
Despite the best efforts of family solicitors to disabuse the public of its existence, many people still espouse the concept of the ‘common law’ husband or wife. However, there is no statutory process to regulate the breakup of an unmarried couple and, instead, the unmarried party must rely on strict and, often complicated, property rights.
In the absence of an express written intention (in the best case a Deed of Trust, and the worst case a letter of intention), the court looks to the legal title; whose name(s) is on the deeds or, these days, registered at the Land Registry as the legal owner(s)? Unless you are married to the owner you have no statutory family-related right to make a claim. Contribution might be ignored completely. In exceptional circumstances, the court will try to infer an intention from people’s behaviour – even if it was never discussed. Not an easy task.
The situation can be even worse when the house is in the sole legal ownership of just one party. Did the other party pay for the central heating or build an extension? Did he tell her she couldn’t be a co-owner because she wasn’t working? Did she give up her own tenancy to move in and help pay the mortgage? The first is deception, the second is detrimental reliance.
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Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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