The County Court at Bristol held in Camelot v Greg Roynon [2017] 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.
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.
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
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).
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.
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.