We summarise the outcome of the High Court case ruling against Kingston-upon-Thames RBC and which landlords may need to take action and when, regarding compensation for overcharging water bills.
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.
It is important to remember that when it comes to selling services, you must deliver on your promises.
Under section 3(1) of the Health and Safety at Work Act (HSWA) 1974, organisations are obligated to avoid public health and safety risks through the conduct of their business.
How does a media-savvy employer ensure a season of festive cheer but without mishap, damage to their reputation or harassment and bullying claims?
Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
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.