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.
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.
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.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
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