The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
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.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Matthew Wort, partner, speaks on today’s Supreme Court judgment for sleep-in shifts.
The Supreme Court has today (19 March 2021) handed down judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home).
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.