Elizabeth England

This Practice Note covers the main homelessness duties owed by local housing authorities (LHAs) in England post the coming into force of the Homelessness Reduction Act 2017. It discusses the duties imposed on local authorities by the Housing Act 1996 (HA 1996) including the prevention duty (HA 1996, s 179), the relief duty (HA 1996, s 189B), the interim duty (HA 1996, s 188) and the main housing duty (HA 1996, s 193).

This Practice Note explores the special provisions which apply to groups who are particularly vulnerable to homelessness. It covers the definition of vulnerable people, joint working between statutory agencies including the duty to refer their service users suspected of being homeless or threatened with homelessness to the local housing authority (LHA). The overlap between additional homelessness duties introduction by the Homelessness Reduction Act 2017 and the Care Act 2014 duties. It also considers the duties imposed on the LHA to consider the vulnerable at every stage of their assessment of the homelessness duties including at the prevention, relief, housing needs assessment and full duty stages.

This Practice Note sets out the practical considerations that local authority landlords need to consider when faced with a housing disrepair claim in England. It sets out the basis for a repair claim and the practical steps that need to be taken when dealing with a claim, including whether the matter could be dealt with by non-court based alternative dispute resolution.

A local housing authority (LHA) may in certain circumstances have a duty to provide accommodation for homeless applicants. One of the key criteria in determining the extent of the duty owed to the applicant is to establish whether the applicant’s homelessness is intentional. This Practice Note explains the relevant factors, including whether the homelessness was caused by a deliberate act or omission on the applicant’s part, that must be considered when making this assessment.

This Practice Note explains alternatives to residential care in circumstances where an adult is developing care and support needs covered by the Care Act 2014 (CA 2014). It focuses on the principles in CA 2014 which centre around facilitating independent living where possible and signposts alternative sources of accommodation.

This Q&A explores the position of a statutory successor in title and the governing legislation.

This Q&A discusses the limitations on service of a section 21 notice due to the failure of the landlord to protect a deposit in a formal government scheme in circumstances where a deposit was lodged in 2008, but it assumed that no replacement tenancy has been entered into.

This Q&A looks at single-family unit in relation to residential lease occupation.

This Q&A considers the application of the Deregulation Act 2015 (DA 2015) to assured shorthold tenancies which were granted before 1 October 2015, which marked the commencement of DA 2015.

This Q&A considers whether a landlord can serve a second section 8 notice without prejudice to the first where the first is subject to appeal proceedings.

This Q&A looks at whether a tenant has any cause of action or remedy where they entered into a 12-month AST and the landlord assured the tenant they could stay longer than one year but has served a section 21 notice.

This Q&A considers excessive use of a right of way and the effect ‘or thereabouts’ has on an express easement created.

This Q&A focuses on what height a tree might reach before it becomes a nuisance to neighbours.

This Q&A considers forfeiture claims for the loss of future rents.

This Q&A looks at whether a landlord can claim compensation for improvement works undertaken by a tenant without consent and considers the situation where a tenant has erected a stud wall.

This Q&A considers nuisance when the owner of a residential property has left the garden to overgrow and has allowed rubbish to accumulate which attracts rats.

This Q&A looks at whether a new gate may be opened in a different position onto an existing right of way.

This Q&A considers whether section 178 of the Housing Act 1985 applies to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination.

This Q&A looks at what remedy a qualified tenant has in respect of the landlord's failure to comply with a s 11 Notice Requiring Information. During the initial stages of collective enfranchisement and before service of a Notice under s 42 of the Leasehold Reform, Housing Urban Development Act 1993.

This Q&A looks at whether two freeholders of an enfranchised property can take action on behalf of the landlord against a defaulting third freeholder for service charges.