The Lifeline Project was a well-regarded charity. Failure to carry out the targets within the contracts led the charity into insolvency and resulted in a personal, 7-year disqualification order.
Pre-election the HA RTB was included in the list of promises that would be turned into action within the first 100 days. If the Conservatives were anticipating a minority Government they might have taken the view that such a proposal would be voted down and that would be the end of it; but now they have to deliver on their promise – and soon.
The manifesto promise did make clear that housing associations would be “compensated”; though some commentators have pointed out the promise didn’t state fully compensated; when the Conservatives introduced the Right to Acquire they did just that; so they have form in returning the discount in cash to housing associations.
And with the RTA careful thought was given to asset cover; the “net and peak debt” exclusion was an attempt to provide a solution for entities who had entered financial arrangements with no thought that their assets might be compulsorily sold. The “peak debt” part is an exclusion where the amount of the sale price less the discount doesn’t cover “the maximum amount which the landlord may borrow under a loan agreement which is attributable to the dwelling-house”
The RTA legislation also picked up the anomalies such as rural housing developments.
So if we were the civil servants trying to implement this we would propose:
- Renaming the Right to Acquire the HA Right to Buy
- Increasing the discounts to the same as the RTB
All well and good (almost?) for housing associations? Not too good for local authorities though nor people waiting for social housing generally...
For more information
Please contact Jonathan Cox.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
The Office of the Immigration Services Commissioner (OISC) has launched a new scheme specifically for charities and not-for-profit organisations who want to advise EU citizens on UK settlement.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
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.
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.
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.