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Christine Cooper
Christine Cooper
Field Court Chambers
Emma Godfrey
Emma Godfrey
Field Court Chambers
Rebecca Davies
Rebecca Davies
Barrister
Field Court Chambers
Rebecca Handcock
Rebecca Handcock
Barrister
Field Court Chambers
Contributions by Field Court Chambers Experts

135

Homelessness in Wales—interim duties
Homelessness in Wales—interim duties
Practice notes

This Practice Note covers the interim duties owed by a local housing authority (LHA) in Wales toward those presenting as homeless. It covers when interim duties occur, the need to provide immediate accommodation in certain circumstances and when the interim duty is discharged.

Homelessness—interim duties
Homelessness—interim duties
Practice notes

This Practice Note covers the interim duties that a local housing authority (LHA) has to provide accommodation to a homeless applicant pending completion of its initial enquiries into the applicant’s circumstances pursuant to section 188 of the Housing Act 1996 (HA 1996). It also covers the power to accommodate pending an HA 1996, s 202 review and HA 1996, s 204 appeal of an unfavourable decision for the applicant.

Homelessness—the meaning of the terms ‘homelessness’ and ‘threatened homelessness’
Homelessness—the meaning of the terms ‘homelessness’ and ‘threatened homelessness’
Practice notes

This Practice Note considers the definitions of the terms ‘homeless’ and ‘threatened with homelessness’ as set out in section 175 of the Housing Act 1996 (HA 1996). Where a local housing authority (LHA) believes that a person is homeless or may be threatened with homelessness, it has a duty to make inquiries into their eligibility for homelessness assistance and into what housing duty (if any) is owed to them under HA 1996.

Has there been any guidance or case law to clarify the interpretation of the word ‘promote’ as set out in section 58 of the Housing Associations Act 1985?
Has there been any guidance or case law to clarify the interpretation of the word ‘promote’ as set out in section 58 of the Housing Associations Act 1985?
Q&As

How are rents under assured tenancies and assured shorthold tenancies provided by private registered providers regulated?
How are rents under assured tenancies and assured shorthold tenancies provided by private registered providers regulated?
Q&As

How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?
How are rents under the Rent Act 1977 tenancies provided by private registered providers regulated?
Q&As

How can a cohabitee establish a beneficial interest in property?
How can a cohabitee establish a beneficial interest in property?
Q&As

How can one prove devolution of title to HM Land Registry for an heir to land under a conveyance of land to an individual and their heirs from 1842?
How can one prove devolution of title to HM Land Registry for an heir to land under a conveyance of land to an individual and their heirs from 1842?
Q&As

If a 16-year-old who had been provided with section 20 of the Children Act 1989 (ChA 1989) accommodation ceases to consent to its provision, can those with parental responsibility remove it pursuant to ChA 1989, s 20(7)(8) or can the child leave themselves?
If a 16-year-old who had been provided with section 20 of the Children Act 1989 (ChA 1989) accommodation ceases to consent to its provision, can those with parental responsibility remove it pursuant to ChA 1989, s 20(7)(8) or can the child leave themselves?
Q&As

If a group of tenants serve an invalid collective enfranchisement notice on the landlord under the Leasehold Reform, Housing and Urban Development Act 1993 and subsequently serve a second notice correcting the error, what are the costs consequences for the tenants? Will the tenants be liable for the landlord’s costs incurred in relation to the invalid notice?
If a group of tenants serve an invalid collective enfranchisement notice on the landlord under the Leasehold Reform, Housing and Urban Development Act 1993 and subsequently serve a second notice correcting the error, what are the costs consequences for the tenants? Will the tenants be liable for the landlord’s costs incurred in relation to the invalid notice?
Q&As

If a local authority has a secure tenant that has likely acquired the ‘right to buy’, is the local authority under any obligation to offer the property first to the tenant prior to selling the freehold on an open market?
If a local authority has a secure tenant that has likely acquired the ‘right to buy’, is the local authority under any obligation to offer the property first to the tenant prior to selling the freehold on an open market?
Q&As

If a periodic tenancy starts on first of the month and a notice was served by pushing it under the tenant’s door on 1 June after 5pm requiring possession on 31 July, would this be deemed sufficient notice?
If a periodic tenancy starts on first of the month and a notice was served by pushing it under the tenant’s door on 1 June after 5pm requiring possession on 31 July, would this be deemed sufficient notice?
Q&As

If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?
If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?
Q&As

If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?
If a right to occupy property has only been created orally, not in writing, can it still constitute a lease?
Q&As

If a tenant who has a Rent Act tenancy (via succession from a family member who was the original tenant) dies and their spouse takes on the same regulated tenancy, is this counted as a second succession for the purposes of the Rent Act 1977? If the spouse then dies, is a family member entitled to succession to the same tenancy on the basis that they have been living with the deceased spouse or would this be a third succession?
If a tenant who has a Rent Act tenancy (via succession from a family member who was the original tenant) dies and their spouse takes on the same regulated tenancy, is this counted as a second succession for the purposes of the Rent Act 1977? If the spouse then dies, is a family member entitled to succession to the same tenancy on the basis that they have been living with the deceased spouse or would this be a third succession?
Q&As

If a tenant's solicitors negligently fail to include a break clause in a lease, when does the limitation period start to run? When the lease is completed, when the tenant notices the error, or when the break would have been exercised?
If a tenant's solicitors negligently fail to include a break clause in a lease, when does the limitation period start to run? When the lease is completed, when the tenant notices the error, or when the break would have been exercised?
Q&As

If a unilateral notice is signed by a person to sever a joint tenancy but if the person who signed the notice dies before the notice is served, is the severance effective or would it only have been effective if served on the co-owner?
If a unilateral notice is signed by a person to sever a joint tenancy but if the person who signed the notice dies before the notice is served, is the severance effective or would it only have been effective if served on the co-owner?
Q&As

In a case where a child is habitually resident in the US (a Hague Convention country), and a parent brings the child to the UK, and the other parent then issues proceedings in the US domestic courts, would an order made in the US be enforceable in this jurisdiction if the child's habitual residence has not changed from the US to the UK? No application has been made under the Hague Convention. Are there any applications that the parent in this jurisdiction could make here to ensure that they and the child are able to remain in the UK?
In a case where a child is habitually resident in the US (a Hague Convention country), and a parent brings the child to the UK, and the other parent then issues proceedings in the US domestic courts, would an order made in the US be enforceable in this jurisdiction if the child's habitual residence has not changed from the US to the UK? No application has been made under the Hague Convention. Are there any applications that the parent in this jurisdiction could make here to ensure that they and the child are able to remain in the UK?
Q&As

In a commercial lease the tenant has covenanted not to ‘permit any contaminative substances to be on the Property’. It has been discovered that the former tenant deposited contaminative substances on the site. Is the new tenant in breach of covenant for not removing these substances?
In a commercial lease the tenant has covenanted not to ‘permit any contaminative substances to be on the Property’. It has been discovered that the former tenant deposited contaminative substances on the site. Is the new tenant in breach of covenant for not removing these substances?
Q&As

In a commercial lease, if a tenant has a covenant not to park or allow any vehicles to be parked in a certain area, does this impose positive obligations on the tenant to prevent their customers from parking in the specified area? How far would the tenant have to go to prevent their customers from parking in the area?
In a commercial lease, if a tenant has a covenant not to park or allow any vehicles to be parked in a certain area, does this impose positive obligations on the tenant to prevent their customers from parking in the specified area? How far would the tenant have to go to prevent their customers from parking in the area?
Q&As

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