The law surrounding organ donation has changed. The Organ Donation (Deemed Consent) Bill came into effect on 20 May 2020 and has implemented an opt-out system for organ donation.
The County Court at Bristol held in Camelot v Greg Roynon  that a tenancy had been granted.
The judgment looked carefully at whether ‘exclusive possession’ was given in the agreement and the reality of the situation on the ground. There was no clause in the agreement that enabled Camelot to move a guardian from room to room or that required a guardian to allow Camelot staff into their room. The guardians had never been asked to move rooms in three years, and approximately monthly inspections were actually just visual inspections from standing in the doorway.
A County Court case is, of course, not binding, but only persuasive on other courts. However, this was a significant case that was fully argued on this specific issue. The Judgment is available to read here.
RPs should check their own contracts with property guardian companies and the licences they issue. More importantly, they should seek assurance that the guardian companies are acting in practice as if the occupiers are licensees, rather than tenants, as this is the point on which Camelot lost the case.
If the occupiers are, in the worst case scenario, deemed to be assured shorthold tenants, then a section 21 notice can be served and possession proceedings issued if needed. However, this causes at least a three-month delay. The costs of having to take possession action should be recoverable from the guardian property company under your contracts.
For more information
If you would like us to review your contracts and the licence agreements in use, or for more information on property guardians, please contact Helen Tucker.
Commercial and local authority landlords could benefit from urgently reviewing their legal options.
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
The Court of Appeal judgement in Booth and another v R  EWCA Crim 575 will be welcome news for local authority prosecutors and their investigation teams.
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