housing management

• We were instructed by Carr Gomm in possession and injunction proceedings to tackle anti-social behaviour.  This client is a national charity providing support and housing services to individuals with a variety of needs who need support because of illness or disability or because they are experiencing a crisis in their lives.  Consequently, often the defendants in these proceedings are legally defined as disabled, which results in the appointment of a Litigation Friend.  Inevitably, this results in such cases being more complex and lengthy than would otherwise be the case.

• We acted on behalf of Portsmouth-based housing association to seek order for possession for anti-social behaviour. The unusual circumstances of this case are that the tenant concerned was an elderly lady with extreme personal hygiene problems. Her lack of hygiene had a significant impact on her neighbours, who are also elderly. All attempts to resolve the situation by discussion were unsuccessful, leaving the housing association with, ultimately, no choice but to consider legal action. The case needed to be handled sensitively in view of the tenant's age and circumstances and involve liaison with third parties as appropriate.

• We were Instructed by Places for People to commence possession proceedings involving homophobic harassment.   Postponed Order for Possession was obtained which was subsequently breached, resulting in Warrant for Possession being applied for.  The tenant applied to suspend warrant (due to the complexity of a matter) which resulted in a full day hearing.

• We drafted master copy Assured, Assured Shorthold and Probationary Starter Tenancy Agreements for four major Housing Associations.  This required the perusal and consideration of the various existing tenancy agreements, drafting new agreements in accordance with respective client's wishes and taking into consideration:

        -current statutory requirements

        -best practice considerations

        -the Unfair Terms and Consumer Contract Regulations

        -Housing corporation good practice note 14 'tenure'

        -KLoE 6 tenancy and estate management

        -the Respect Standard

• We acted for a Wiltshire–based housing association to obtain an Anti Social Behaviour Order against two teenagers.  These two were leaders of a gang which terrorised residents of the estate.  This required liaising with police and others, drafting all legal documentation including applications and witness statements from police officers and providing advocacy at all hearings.  The matter was made more complicated because the defendant instructed separate solicitors which ultimately resulted in separate proceedings, against each defendant, being required.  Asbo were obtained in terms required by client.  We subsequently represented the client in further proceedings when one defendant made application to vary terms of prohibitions. 

• We were instructed by thirteen housing associations, throughout the Wessex region, to advise on their rent review clauses, in respect of concerns arising from section 13 Housing Act 1988 and case of Riverside Housing v White.  This involved perusal of respective tenancy agreements, consideration of wording of legislation and judgements in case, and redrafting clauses as required. 

• We acting on behalf of a Berkshire–based housing association in a service charge dispute, before Land Valuation Tribunal.  This case involved a claim brought by 50 leaseholders against the association, challenging the reasonableness of increased charges.  Proceedings had been ongoing for several months before we were instructed.  This matter required our perusal of various leases used by the association, changes in the law (brought in by the Commonhold and Leasehold Reform Act) and advocacy before the tribunal.

• We represented a social housing client in a claim for damages brought by one of their tenants for alleged breaches of contract in which we managed to negotiate a favourable settlement for the client. We also advised another housing association in a dispute with developers concerning breaches of a development contract.