The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
If the pledge finds its way into policy and legislation in the new Government it does raise the question though of “what if?”
For all Housing Associations
Seemingly associations will be compensated; however even if full compensation unanticipated spikes in sales may lead to a fall in asset cover because replacement assets may simply not be available – associations might wish at least to consider whether this might be an issue for them.
For LSVT Housing Associations Only
For LSVT associations LSVTs will recall at stock transfer the Land Registry record a list of all properties susceptible to the PRTB. Depending on what the legislation looks like it might be necessary to have a clear public record of which property has the PRTB and which property has any new RTB. We recommend that LSVTs ensure that list is accurate as the list is a good place to start with for what is the PRTB. Every time a tenant with the PRTB purchases their home the Land Registry will (providing the sale transfer has been accurately drafted) delete that entry. But it is for the landlord to inform the Land Registry when either the tenant moves to another house within their housing stock (so taking their PRTB with them) by using form PSD 101 and when a tenant with the PRTB terminates their tenancy by using form PSD 103. There will be many occasions where landlords will complete both forms –e.g. where a tenant transfers to another property owned by the landlord and the next tenant occupying the property does not have the PRTB. Examples include when properties are demolished or mutual exchanges (incoming tenant not have the PRTB).
(There is no fee for the cancellation of any entry, there is a nominal fee for each new entry (which would only be where a tenant moves)).
In terms of potential challenges, these cannot of course be launched until after the policy is actually introduced and prior to that (as well as the general election) there would be an opportunity to respond strongly to any consultation on new legislation, which should be seized on.
For more information
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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.