What does the Renters (Reform) Bill mean for the social housing sector? In this article, we look at the key changes that, if enacted, will affect housing associations and their tenants.

Noise is a significant driver of complaints to housing associations. In this article, we look at 3 key themes from the Housing Ombudsman’s Spotlight report.

What's best practice when it comes to applying for an anti-social behaviour injunction? In support of Resolve's ASB Awareness Week, we share our 5 top tips for social housing officers.

Occupancy agreements in Wales are changing. We discuss the key changes and what they mean for landlords. Find out what you need to do to comply with the new law.

The Public Sector Equality Duty is a continuing duty. But can it be reassessed by a witness giving evidence at trial? That was the question for the Court of Appeal in this housing case.

ASB Awareness week is a good time for a reminder of where we currently are with notice periods and the use of notices relating to anti-social behaviour for possession proceedings in the ever changing legal landscape. We set out below 5 key facts to know. #1 Prescribed format of notices Until 30 September 2021, the Form 3 (Section 8 Notice Seeking Possession or NOSP) and Form 6A (Section 21 notice) are in an amended format. The current versions are on the gov.uk website. Given the changing landscape, it is safest to use the notices published on this website rather than relying on saved templates on your systems. Assured tenancy forms - GOV.UK (www.gov.uk) #2 Notices served using Ground 14 of Schedule 2 of the Housing Act 1988 (discretionary ASB ground) The notice period can be immediate (subject to your tenancy agreement promising a longer period) where you are using Ground 14. This is even the case when it is combined with other grounds. The one exception to this rule is when using Ground 7A in addition to Ground 14 (see #3 below). #3 Notice served using Ground 7A of Schedule 2 of the Housing Act 1988 (mandatory ASB ground) The notice period has to be 28 days or a month (depending on whether the tenancy term is periodic or fixed). This is even the case where it is combined with any other grounds. #4 Notice served using Ground 14A of Schedule 2 of the Housing Act 1988 (discretionary Domestic Violence ground) Where you are not using Ground 14A, the notice period has to be 2 weeks. However, if used alongside Ground 14 and/or Ground 7A the rules around notice periods using those grounds apply (see #2 and #3). #5 Section 21 notices Until 30 September 2021 a Section 21 Notice needs to be 4 months in length and cannot be enforced 8 months after it is served. **It should be noted that this guide states the law as it currently stands, and it could be subject to further change or extension by the Government. Legal advice should be sought for each case dependent on the date you take action.

On 1 October 2020, Civil Procedure Rule 81 was completely replaced with new rules covering all contempt applications and proceedings. The aim of the Civil Procedure Rules Committee was to streamline the existing rules and make them more straightforward. That does have some consequences for applications for breach of Injunction. Some key point to note are: CPR 81 now sets out clearly what is needed in a contempt application in all circumstances. Any reference to ‘applicants’ and ‘respondents’ is replaced with ‘claimant’ and ‘defendant’. A Circuit Judge is to hear all applications. This is a change from the previous position where District Judges could hear contempt applications for breach of injunction for anti-social behaviour. We do not know if this is intentional. It could be subject to change when the full consequences are considered further and the amount of work this creates for Circuit Judges is considered. *[Please see update below in relation to element]* Several warnings/statements informing the defendant of their rights have to be included in the application for contempt, this includes (but is not limited to): A statement that the defendant has the right to be legally represented; A statement that the defendant is entitled to a reasonable time to obtain legal representation and apply for legal aid which may be available without any means test; A statement that the defendant may be entitled to the services of an interpreter; A statement that the defendant has the right to remain silent and to decline to answer any question where the answer to it may incriminate them; A statement that the court may proceed in the defendant’s absence if they do not attend. A statement that if the defendant admits the contempt and wishes to apologise to the court, that is likely to reduce the seriousness of any punishment by the court A statement that the court will sit in public, unless and to the extent the court orders otherwise, and that its findings will be made public. The rules also confirm that the Court has the power to issue a bench warrant to produce the defendant at any directions or substantive hearing. Evidence still needs to be by way of Affidavit, unless the Court rules otherwise. The new rule 81.4 does say the Court can order otherwise which is progress from the previous provision but a party will have to apply for permission for this. All advocates and Judges have to appear robed. It should be noted there are no transitional arrangements between the old rules and these new rules. Accordingly, any on-going contempt proceedings need to be considered in light of the new rules and compliance with the new rules may now be needed. New forms There are also new Court forms to support these changes. In particular, there is a specific Contempt Application form (N600). This already includes all of the warnings/statements that have to be given to a defendant on making the application. *UPDATE NOVEMBER 2020* The issue regarding District Judges being unable to deal with breaches of Anti-Social Behaviour Inunctions by way of committal applications has now been addressed. When the Civil Procedure (Amendment No. 6) Rules 2020 come into force on 27 November 2020 it will allow District Judges to deal with such applications.