Housing Act requirements with regards to the disposal of land by registered social landlords

Associations are familiar with the terms of the General Consent 2008 applying to transactions such as the granting of easements or disposals of small parcels of land up to a value of £10,000. It is not entirely clear from the legislation whether an option to grant, for example, an easement at some point in the future (as opposed to a present grant ) is covered by the General Consent 2008. Furthermore, it may not always be clear at the point that the association enters into the option contract what the value of that easement may be. When the easement is granted at some point in the future pursuant to the contract, the value of that easement may be greater than the maximum value stated in the General Consent applying at the date that the contract is entered into. In the usual way, the most prudent course of action will be for the association to write to the Tenant Services Authority as early as possible seeking a determination as to whether consent is required prior to entering into the contract for disposal.

For more information, please contact Conor Geoghegan

Protected areas

From 7 September new Shared Ownership Leases in protected areas must contain either a restriction limiting staircasing to 80% or a covenant by the leaseholder to sell the house back to the provider as and when the leaseholder wishes to sell.  How leases will be dealt with in these areas needs careful consideration particularly for those sites where sales have already commenced.  Interestingly, the regulations imposed only apply to houses but the Capital Funding Guide applies the principles to both houses and flats. 

The new format of leases was published on 15 September on the Homes & Communities Agency website - please click here to view.

To find out more, please contact Linda Storey

Have another one!

A further tool for the police and local authorities to deal with anti-social behaviour became available on 31 August in the shape of the Drinking Banning Order (DBO) under the Violent Crime Reduction Act 2006. 

DBOs are civil orders designed to impose necessary prohibitions on a person committing criminal or disorderly conduct while under the influence of alcohol, for the protection of others. They can be imposed on anyone aged 16 years and over and can last from two months to two years.

A breach of a DBO will carry a fine of up to £2500 but no custodial sentence. They will be available in the magistrates' court and the county court. Recipients of a DBO will have the opportunity to attend an approved course, undertaken on a voluntary basis, to address alcohol misuse behaviour.

To find out more, please contact Colin Hammond

Give it back now!

The High Court has decided that a landlord was entitled to immediate possession where a tenant had been convicted of serious drug-related offences in the locality of his home (Knowsley Housing Trust v Prescott and Prescott). The ruling overturned the decision of the judge in the county court who had only granted a postponed order, notwithstanding that the tenant had conspired to supply over £7 million worth of amphetamines and cocaine produced in a drugs factory a short distance from his home. The ruling provides welcome direction for social landlords in such circumstances and confirmed that such offences do not need to be committed in the tenant's home to justify immediate possession.

Team news

Exam success - Institute of Legal  Executives (ILEX)

Penningtons is dedicated to the ongoing training and further education of all staff. We are delighted to announce that two members of our social housing team have been working hard to attain their qualifications with ILEX .

-  Graham Phillips has passed his final exams and has qualifed as a Graduate Member of ILEX

-  Emma Evans is now an Associate Member and is currently studying towards completing her 
    exams to qualify as a Graduate Member.

                                     Graham Phillips                                    Emma Evans

Congratulations Graham and Emma!

Details on the conference will shortly be published on the National Housing Federation website.