Term Newcastle | Leeds | Manchester 2 Housekeeping Guest WiFi - PowerPoint PPT Presentation

Housing Management Law School – Autumn Term Newcastle | Leeds | Manchester

2 Housekeeping Guest WiFi email: guest@wardhadaway.com | Guest WiFi password: F1rew0rk$ Newcastle | Leeds | Manchester

3 Agenda 8.30am Registration & refreshments 9.00am The News 9.30am Hot topic: Equality 10.15am Refreshment break 10.30am Revision topic: Hoarding 11.15am Networking Newcastle | Leeds | Manchester

The News John Murray & Simon Thirtle Newcastle | Leeds | Manchester

5 Homes (Fitness for Human Habitation) Act 2018 Newcastle | Leeds | Manchester

6 Miss-selling and unfair contracts Newcastle | Leeds | Manchester

7 Exercising discretion reasonably Victoria Place Management Co Ltd v Kuehn [2018] EWHC 132 (CH) Newcastle | Leeds | Manchester

8 Curo Places Limited v Anthony Pimlett [2019] UKUT 130 (LC) Newcastle | Leeds | Manchester

9 Service Charges – Construction of Tenancy Agreement Robert Wilcock v The Guinness Partnership Limited [2019] UKUT 148 Newcastle | Leeds | Manchester

10 Possession and Warrants Lambeth LBC v Greenland 1 April [2019] Newcastle | Leeds | Manchester

11 Succession Lambeth LBC v Casey 5 June [2019] Newcastle | Leeds | Manchester

12 Service charges - s.47 Landlord and Tenant Act 1987 Westlake Estates Ltd v Yinusa [2019] UKUT 255 Newcastle | Leeds | Manchester

Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd May [2019] Newcastle | Leeds | Manchester

14 Tenants will be given access to rogue landlord database Newcastle | Leeds | Manchester

It’s the End of the News as we Know it Newcastle | Leeds | Manchester

Hot topic: Equality John Murray, Partner Newcastle | Leeds | Manchester

17 The Equality Act 2010 – Discrimination » The Equality Act prohibits discrimination: » Against certain people with ‘protected characteristics’ » By certain people and bodies » In certain situations Newcastle | Leeds | Manchester

18 The Equality Act 2010 – Discrimination » Protected Characteristics » Can it be shown that the possession claim is justified as a proportionate means of achieving a legitimate aim? » Case Law: Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 Newcastle | Leeds | Manchester

19 The Equality Act 2010 – Discrimination » Three Key Stages: » 1. Is the person disabled as defined by the Equality Act 2010? » s6 : physical or mental impairment » Substantial and long terms adverse effect on ability to carry out normal day to day activities. Newcastle | Leeds | Manchester

20 The Equality Act 2010 – Discrimination » Three Key Stages: » 2. Has the person been discriminated against? » S35: obligation on managers of premises to not discriminate » By not allowing to use benefit/facility » Eviction or other detriment » S15: disability discrimination » Unless proportionate means to achieve legitimate aim » S15(b) not if did not know/could not reasonably know of disability Newcastle | Leeds | Manchester

21 The Equality Act 2010 – Discrimination » Three Key Stages: » 3. Is treatment proportionate means of achieving legitimate aim? » Case Law: Midland Heart Limited v Margaret Burns and CA (a protected party by his litigation friend, the Official Solicitor) Newcastle | Leeds | Manchester

22 Duty to make reasonable adjustments - s.36 Equality Act 2010 » S36: duty applies to » (a) a controller of let premises; » (b) a controller of premises to let; » (c) a commonhold association; » (d) a responsible person in relation to common parts. Newcastle | Leeds | Manchester

23 Duty to make reasonable adjustments - s.36 Equality Act 2010 » s.20 : three requirements to avoid substantial disadvantage: » Provision, criterion or practice » Physical feature » Provision of auxiliary aid » Equality and Human Rights Commission guidance on 'reasonable‘. » Case Law: Smailes & Poyner-Smailes v Clewer Court Residents Limited [2019] (QC) Newcastle | Leeds | Manchester

24 Obligation to allow a residential tenant to alter a property » s.190 Equality Act 2010 – alterations/improvements » Written consent to the landlord » Landlord’s consent unreasonably withheld » Landlord’s refusal of consent » No response from landlord within a reasonable time Newcastle | Leeds | Manchester

25 Public sector equality duty » s.149 » (1) A public authority must, in the exercise of its functions, have due regard to the need to — » (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; » (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; » (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it'. » '(2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1)'. » Case Law: Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334 Newcastle | Leeds | Manchester

26 Capacity for decision making (Mental Capacity Act) » s.1 Mental Capacity Act 2005 - Five statutory principles » A person must be assumed to have capacity unless it is established that they lack capacity. » A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success. » A person is not to be treated as unable to make a decision merely because they make an unwise decision. » An act done, or decision made, on behalf of a person who lacks capacity must be done, or made, in their best interests. » Before the act is done, or the decision made, regard must be had as to whether the purpose of the act or the decision can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action. Newcastle | Leeds | Manchester

27 Capacity for decision making (Mental Capacity Act) » s.2 Mental Capacity Act 2005 - People who lack Capacity » A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. Newcastle | Leeds | Manchester

28 Capacity for decision making (Mental Capacity Act) » s.3 Mental Capacity Act 2005 - 'Unable to make a decision‘ » A person is unable to make a decision for himself if he is unable – » (a) to understand the information relevant to the decision, » (b) to retain that information, » (c) to use or weigh that information as part of the process of making the decision, or » (d) to communicate his decision (whether by talking, using sign language or any other means). Newcastle | Leeds | Manchester

29 Capacity for litigation (Civil Procedure Rules) » Rule 21.1(2)(d) - A protected party means a party who lacks capacity to conduct the proceedings. » Rule 21.2(1) - A protected party must have a litigation friend to conduct proceedings on their behalf. » Rule 21.3(2) - A person may not, without the permission of the court, make an application against a protected party before proceedings have started; or take any step in proceedings except: Newcastle | Leeds | Manchester

30 Capacity for injunctions » What must the court consider? » Wookey v Wookey Newcastle | Leeds | Manchester

Revision topic: Hoarding Simon Thirtle, Partner Newcastle | Leeds | Manchester

32 Hoarding – Overview » What is hoarding? » “a pattern of behaviour characterised by the excessive acquisition of and inability or unwillingness to discard large quantities of objects that cover the living areas of the home and cause significant distress or impairment” » Why do people hoard? » Suffer from another form of mental illness » A 'trigger event' Newcastle | Leeds | Manchester

33 Hoarding – How would you recognise Hoarding » A person is holding onto a large number of items » A person’s home is cluttered and rooms cannot be accessed » The condition of the property causes distresses or illness to the person living there Newcastle | Leeds | Manchester

34 Hoarding – What are the risks? » Fire / flammable materials – risk to life » Vermin and pests » Statutory nuisance or environmental hazard » Condition of the property may deteriorate » Landlord may not be able to carry out repairing obligations » Issues with heating or ventilation of the property » Cost Newcastle | Leeds | Manchester

35 Hoarding – How can it be addressed? » Support from Housing Officers » Local authority's Safeguarding Adults Board Guidance » Who will bear the costs of cleaning the property? » Housing Officers should be persistent but patient Newcastle | Leeds | Manchester

36 Hoarding – the Legal Remedies and Issues » The Care Act 2014 » Replaced the National Assistance Act 1948 and the National Health Service and Community Care Act 1990 » General duty under S.1 to “promote [an] individual’s well - being” Newcastle | Leeds | Manchester

37 Hoarding – the Legal Remedies and Issues » The Care Act 2014 » S.9 : “needs assessment” » Care and Support (Eligibility Criteria) Regulations 2014 Newcastle | Leeds | Manchester