Residents are now unable to make applications to prohibit landlords from seeking to recover the cost of legal proceedings through the service charge on behalf of other residents, without consent.
In a decision of the High Court dated 1 March 2019, Mr Justice Spencer ruled that the “Right to Rent” scheme, which requires landlords to check the immigration status of tenants introduced in England in 2016, was discriminatory and violated the European Convention on Human Rights.
Mr Justice Spencer further ruled that the scheme should not be rolled out to the rest of the United Kingdom without further evaluation. The challenge was brought by the Joint Council for the Welfare of Immigrants (JCWI).
The “Right to Rent” scheme was trialled in the West Midlands before it was extended to all of England and requires landlords to carry out checks on prospective tenants. Failure to carry out the checks is a criminal offence which carries a maximum penalty of five years' imprisonment or a fine.
Do note however, this ruling will not automatically lead to a change in Government policy, and the “Right to Rent” scheme remains in force unless, and until, Parliament changes the law. Landlords in England must therefore continue to comply with the regulations until further notice. An appeal may of course follow.
For more information, please contact Hilary Homfray.
Natalie Barbosa summarises some of the legal challenges facing fundraisers in the charity sector.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
Social landlords are seeing a rising number of Equality Act defences to possession proceedings. A recent Court of Appeal decision helps shift the likelihood of such defences succeeding.
On 31 July, the consultation period ended on MHCLG’s proposals for reforming the building safety regulatory system set out in the 'Building a Safer Future' document. We have submitted our response.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
In 2017, the NCVO commissioned a review of the tax reliefs available to charities. The brainchild of this review was published on 17 July 2019 in the form of the Charity Tax Commission report.
In 2014, the Charity Commission released its first guidance for charities on reporting serious incidents. The Commission has recently updated this guidance.
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