Cobb Warren Updates

New Assured Tenancy Forms and Information Sheet for Market Rent tenancies

Sat, 21 Mar 2026 13:00:20 GMT

On Friday 20 March 2026 the Government published new forms to be used for properties let on private assured tenancies from 1 May 2026.

Private assured tenancies have been defined as being any assured tenancies which are not social tenancies. For the purposes of these forms (and the Renters’ Rights Act 2025 in general) social tenancies are further defined by reference to section 68 of the Housing and Regeneration Act 2008. This means that, in order to be a social tenancy, the tenancy must be a low cost rental accommodation (defined by section 69 of the 2008 Act) and the landlord must be a private registered provider of social housing.

Accordingly, the new forms may therefore be applicable to some private registered providers of social housing where:

1. They let properties at (or above) market rent levels; or

2. They let properties outside of a social housing allocation scheme;

3. They let properties via a subsidiary or sister company where said company is not itself a private registered provider of social housing;

4. They manage properties on behalf of non-social landlords.

There are three key documents:

1. The Renters’ Rights Act Information Sheet 2026;

2. The new Notice of Seeking Possession (Section 8 Notice);

3. The new Rent Review Notice.

The Renters’ Rights Act Information Sheet 2026 must be given to all existing assured tenants who fall under the definition above (where their assured tenancy started before 1 May 2026) by 31 May 2026. Where the tenancy is a joint tenancy, it needs to be given to each individual tenant. The sheet must be given to all assured tenants regardless of whether, before 1 May 2026, their tenancy was an assured shorthold tenancy or a periodic assured tenancy. Failure to provide this information sheet could result in a fine of up to £7,000 per tenant.

The new Notice of Seeking Possession must be used for all possession notices served on or after 1 May 2026 and the new Rent Review Notice must be used for all rent review notices served on or after 1 May 2026.

The Renters’ Rights Act Information Sheet 2026 is available here: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026

The new Notice of Seeking Possession and Rent Review Notice are available here: https://www.gov.uk/guidance/assured-tenancy-forms-for-privately-rented-properties-from-1-may-2026#giving-notice-of-possession-before-1-may

The new Notice of Seeking Possession and Rent Review Notice are currently watermarked and provided for information only. On 1 May 2026 the forms will be moved to the usual assured tenancy form website ready for use ( https://www.gov.uk/guidance/assured-tenancy-forms ).

article by Daryl Bigwood

New Regulations - Written Statements and Information Sheets for Assured tenancies

Tue, 03 Feb 2026 15:06:03 GMT

Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet)

(England) Regulations 2026

The above Regulations have been brought in as part of the implementation of the Renters Rights Act 2025. They require landlords to provide (in addition to the Tenancy Agreement) a Written Statement of the Terms and a Government prescribed Information Sheet. To start with, this will only apply to non-social housing tenancies, it is likely to be extended to social housing in 2027.

Associations with market rent tenancies need to be aware of this change for those tenancies ready for 1 May 2026. The full details are below.

1. What Landlords Must Provide

The Regulations prescribe two separate documents: A Written statement of terms and, B an Information Sheet.

A. Written statement of terms

A draft version of the written statement of terms has been published by the government. This draft is expected to be finalised in March 2026. Based on the current draft, the written statements of terms must contain the following prescribed information:

Details of the parties

Landlord’s details: Full name of the landlord(s).

Address for service: An address in England or Wales where the tenant can serve notices on the landlord

Tenants’ details: Names of each of the tenants.

Tenancy terms

Start date: The date on which the tenancy begins and the tenant may take occupation.

Rent: The amount of rent payable and the date it falls due. The rent period must not exceed one calendar month.

Bills: Where the landlord charges the tenant for bills, the written statement must specify whether these charges form part of the rent or are payable in addition to the rent. If bills are payable separately to the landlord, the statement must set out:

either the amount of each payment or how and when the tenant will be told the amount, and
·either the due date for each payment or how and when the tenant will be told the due date.

Rent increases: A statement confirming that any rent increase must be proposed by serving a notice under section 13 of the Housing Act 1988.

Deposit: The amount of any tenancy deposit.

Ending the tenancy

Tenant’s notice to quit: The minimum notice period the tenant must give to end the tenancy, where the Protection from Eviction Act 1977 applies.

Possession by the landlord: A statement confirming that the landlord may only end the tenancy by obtaining a possession order from the court and having that order executed. To apply for possession, the landlord must first serve a notice of proceedings in the prescribed form, setting out the ground or grounds relied upon, and giving the correct notice period for those grounds.

Safety and compliance information

Fitness for human habitation: A statement that the landlord must ensure the property is fit for human habitation in accordance with section 9A of the Landlord and Tenant Act 1985.

Repairs: A statement of the landlord’s repairing obligations under section 11 of the Landlord and Tenant Act 1985

Electrical safety: A statement that the landlord must ensure electrical safety standards are met throughout the tenancy

Gas safety: A statement that the landlord must maintain gas appliances and flues in a safe condition, arrange annual safety checks, and provide the tenant with a copy of the gas safety record (if the gas safety regs apply)

Tenant rights

Pets: A statement that the tenant may request permission to keep a pet in accordance with section 16A of the Housing Act 1988, and that the landlord must not unreasonably refuse consent.

Disability improvements: Information about the tenant’s right under section 190 of the Equality Act 2010 to apply to make disability‑related improvements, and that the landlord must not unreasonably withhold consent.

The written statement can be included within the tenancy agreement, provided that all required information is present.

B. Information sheet

This is a standard Government document summarising:

1. Tenant rights

2. Landlord duties

3. Routes for raising concerns or seeking redress

Landlords must provide the official version and cannot substitute their own.

2. When the Requirements Apply

As a general rule, the required information must be provided before the tenancy is entered into.

An exception applies in cases of succession. In those circumstances, the landlord must give the tenant the prescribed information within 28 days of acknowledging the tenant’s right to succeed to the tenancy.

Landlords and letting agents do not need to provide a written statement of terms where:

There is already a written record of the tenancy agreement between the landlord and the tenants, whether the agreement is wholly or partly in writing. This includes, for example, an assured shorthold tenancy agreement or any written record of the key terms.
The tenancy agreement was entered into before 1 May 2026, meaning it was signed by both parties before that date and is therefore an existing agreement.

In these cases, instead of issuing a written statement of terms, landlords must give all tenants who are in occupation on 1 May 2026 a copy of the official Government Information Sheet, which explains how the Renters Rights Act may affect their tenancy.

3. Who Must Comply

The Regulations apply to all private landlords in England who grant new assured tenancies, including landlords who use letting agents.

It does not apply to social housing landlords yet. Section 145(8) of the Renters Rights Act states that Chapter 1 of Part 1 of the Act will apply to private and social housing tenancies on different dates. We do not have a commencement date for the social housing sector yet.

4. Enforcement and Consequences of Non‑Compliance

If a landlord does not provide the written statement of terms before the tenancy is entered into, the local authority may issue a civil penalty of up to £7,000.

Author: George Ufumwen

Renters Rights Act 2025 - CobbWarren's guide for Social Landlords

Fri, 14 Nov 2025 14:22:09 GMT

This note will be updated as secondary legislation is published.

The Renters’ Rights Act 2025 ("the Act") became law on 27 October 2025. Its provisions will come into force in phases, with the Social Rented Sector being brought into the new tenancy system in 2027 (please see the commencement section below).

This guidance note covers:

■ The abolition of fixed term tenancies

■ The abolition of Assured Shorthold tenancies

■ New and amended grounds for possession of Assured tenancies

■ Updates to Court considerations for ASB

■ Changes to rent increase procedures

■ Prohibition of rent in advance

■ Changes to Notices to Quit from tenants

■ Shared Ownership leases

■ Pets

■ Commencement – when does this all apply to Social Landlords?

1. The abolition of fixed term tenancies

From when the Act comes into force, you can only grant periodic assured tenancies. They'll run week by week or month by month, depending on the rental period. So if rent is due monthly, you'll have a month-by-month periodic tenancy.

The Act prohibits rental periods longer than a month. You can grant an assured tenancy with a period of up to 28 days (weekly, fortnightly, or 28-day periods) or a monthly period. Where an existing tenancy has a period exceeding a month (e.g. quarterly), it becomes a monthly periodic tenancy. The Act contains a calculation for recalculating the rent in these circumstances.

2. The abolition of Assured Shorthold tenancies

When the Act comes into force, you can no longer grant Assured Shorthold tenancies ("ASTs"). This also means you can no longer use Notices under Section 21 of the Housing Act 1988.

Any cases where you've already served a Section 21 notice will not convert to an Assured tenancy. The Section 21 notice remains valid until:

Any court proceedings based on the Section 21 notice are concluded, or
The Section 21 ceases to be valid due to time (i.e. after 6 months from the date of the notice or 3 months from the commencement of the relevant part of the Act, whichever is soonest).

You'll need to review your Starter Tenancy regime. Your options are to either withdraw it entirely or amend it so the Starter tenancy is an Assured tenancy from the outset but with restricted rights during the starter period (such as excluding the Right to Exchange or limiting succession rights).

The Regulator of Social Housing is likely to provide more guidance on this shortly.

It's anticipated that, because of the need to consult on and introduce a new Tenancy Standard, ASTs may be abolished for private landlords before they're abolished for social landlords (although the ability to grant new ASTs may be curtailed in the meantime).

3. Amended Grounds for possession

3.1 Notice periods

Notice periods for Grounds 8, 10, and 11 of Schedule 2 of the Housing Act 1988 will extend to 4 weeks (from the current 2 weeks).

Ground 7A will have an immediate notice period when the Act comes into force, the same as Ground 14 currently does. Both ASB grounds will therefore have the same notice period. This notice period also overrides any other grounds' notice period.

There are seemingly no plans to amend the Pre-Action Protocol for Possession Claims by Social Landlords. You'll still need to offer tenants the opportunity to request a review of a notice served on Ground 7A (and/or any other mandatory grounds) before you can commence proceedings.

3.2 New Grounds for possession

There are many new grounds for possession to assist in situations where you may previously have used an AST. We set out below the ones which may be most useful to you:

Ground 1B (mandatory) – Use this ground to seek possession of properties let via Assured tenancies pursuant to a rent-to-buy agreement where the rent-to-buy period has expired.

For this ground to apply, the rent-to-buy agreement must cap the rent at no more than 80% of market rent and must notify the tenant that they'll be offered the opportunity to purchase the property within at least 5 years (or 10 years in London).

Before seeking possession, you must comply with the requirements for offering the property to the tenant. You can only seek possession where, following the granting of possession, you intend to (a) sell the property or (b) grant a lease of more than 21 years or (c) grant an assured tenancy to another person.

Ground 2ZA (mandatory) – Use this ground where your superior lease has come to an end. This ground is only available for providers of social housing and agricultural landlords, persons who hold the dwelling for the purposes of making it supported accommodation, or companies majority owned by a local authority.

Ground 5B (mandatory) – Use this ground where you let a property in connection with the tenant's employment, someone else now requires it in connection with their employment, and the original tenant no longer needs it for their employment.

Ground 5D (mandatory) – Use this ground where the tenancy contained a specific requirement connected with the tenant's employment and the tenant no longer fulfils that requirement.

Ground 5E (mandatory) – Use this ground where you hold the property for providing supported accommodation and the tenant didn't enter the tenancy for the purposes of receiving care, support, or supervision.

Ground 5F (mandatory) – Use this ground where you granted the tenancy to provide the tenant with support services for a limited time to enable them to live in other accommodation in the future, and that period has ended.

Ground 5G (mandatory) – Use this ground where the occupation was to assist the local authority with a section 193 homelessness duty and that duty has ended.

Ground 5H (mandatory) – Use this ground where the tenant's occupation was based on meeting eligibility conditions (such as age, work, or seeking work), the tenancy set out those conditions, and the tenant no longer meets them.

Ground 6A (mandatory) – Use this ground to obtain possession of a property you let to a tenant (or their predecessors in title) whilst their original property (which you also let to them) was being redeveloped. You must have alternative accommodation (which may be the original, now redeveloped, property) available for the tenant when the possession order takes effect.

Ground 6B (mandatory) – Use this ground to obtain possession where:

■ You need possession to comply with:

○ A banning order under section 16 of the Housing and Planning Act 2016

○ An improvement notice under sections 11 and/or 12 of the Housing Act 2004 (but only where overcrowding is specified as the cause of the hazard)

○ A prohibition order under sections 20 and/or 21 of the Housing Act 2004 (which prohibits use of (a) the property (or any part of it), or (b) the common parts (or any part of them))

○ An enforcement notice issued under sections 172 or 182 of the Town and Country Planning Act 1990

○ A breach of condition notice served under section 187A of the Town and Country Planning Act 1990

○ An injunction granted under section 187B of the Town and Country Planning Act 1990

○ A listed building enforcement notice served under sections 38, 45, or 46 of the Planning (Listed Building and Conservation Areas) Act 1990

○ An injunction granted under section 44A of the Planning (Listed Building and Conservation Areas) Act 1990

■ The property is an HMO which requires licensing (including selective licensing) but (a) the Local Authority has refused the licence or (b) the Local Authority has revoked the licence, or (c) the property is occupied by more persons than permitted under any licence.

Ground 6B may give rise to a compensation payment (assessed by the court) payable to the tenant. Where the notice/order is made under the Housing Act 2004, it may also give rise to a home loss and/or disturbance payment from the Local Authority which made the order.

Ground 18 (discretionary) – Use this ground where the tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services.

3.3 Amended Grounds of Possession

The Act amends many grounds of possession. We set out below the ones which may be most useful to you:

Ground 6 (mandatory redevelopment ground) – You can use the amended redevelopment ground to obtain possession of a property where you need to carry out redevelopment works (demolition, rebuilding, or substantial works to the property or the building containing it) which cannot be completed with the tenant remaining in situ (or where the tenant has refused to vary the tenancy to enable the works).

You must undertake the works yourself. The tenancy must (except in the case of compulsory purchase) have commenced at least 6 months before the date on which you could commence possession proceedings (as specified in the Section 8 notice).

You can only use this ground if you were (a) the landlord when the tenancy was granted or (b) became the landlord after the tenancy was granted, but only where the transfer to you was not for money (or money's worth).

You must also have alternative accommodation available for the tenant when the possession order takes effect. Alternatively, you may offer temporary accommodation as an interim measure until long-term alternative accommodation is available.

You don't need to offer alternative accommodation where (a) the tenancy wasn't granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996 and (b) you gave the tenant notice of your intention to rely on Ground 6 before the tenancy commenced (and that notice specified the period in which redevelopment works would commence).

Using Ground 6 may still give rise to the need to pay home loss and/or disturbance payments.

Ground 8 (mandatory rent ground) – The arrears threshold has increased from 8 weeks to 13 weeks (or from two to three months, if rent is payable monthly). You also cannot include amounts expected to be received from benefits. References to quarterly and yearly rent will be removed as these will no longer be permitted.

4. Updates to Court considerations for ASB

Section 9A of the Housing Act 1988 now includes a new element. This section relates to what a court should consider when deciding possession under the ASB Ground 14. Judges must now also take into account:

"whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease."

This is likely to refocus judges' attention on your escalation attempts at curbing ASB, such as Acceptable Behaviour Contracts, warnings, referrals for support, and injunctions.

5. Changes to rent increase procedures

The Act creates a new Section 13A of the Housing Act 1988.

You must follow the Section 13A procedure for rent increases, either by (1) a new prescribed form (yet to be revealed) under Section 13A(2) or (2) by an agreement between you and the tenant (which is likely to include a term in the tenancy agreement setting out a different method of increase) under Section 13A(6).

In most cases, follow the procedure set out in your tenancy agreement as normal, except where the tenancy is silent OR where it refers to the Section 13 process. In those cases, apply the new Section 13A process.

Section 13A states you can increase rent as follows:

■ Serve a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy. That period must be:

○ At least 1 month after the date you serve the notice

○ At least 52 weeks after the previous increase or determination took effect

"Determination" means determination on application by the tenant to a Tribunal.

This has an unintended consequence: if a tenant challenges the increase and asks a Tribunal to determine the rent, that determination date becomes the new rent increase date for the following year. You may then have scattered tenancies out of sync with the rest for subsequent increases.

6. Prohibition of rent in advance

You cannot take or demand any rent before the signing of a tenancy agreement.

7. Changes to Notices to Quit from tenants

Tenants must give 2 months' notice to quit by default in the absence of any other agreement.

If your tenancy agreement specifies a shorter period (such as 1 month, which is common in the sector), that period applies. However, the 2-month period applies if you cannot locate the original tenancy agreement or if the tenancy agreement is silent on the notice period.

8. Shared Ownership leases

Shared Ownership Leases are currently a form of Assured tenancy. When the Act takes effect, they'll be reclassified as long leases. This changes how you enforce breaches.

Notices – You can no longer use a Section 8 notice (NOSP) for lease breaches. Instead, follow this 2-stage process:

Obtain a determination of the breach from the Tribunal or County Court (or get an admission from the leaseholder)
Serve a notice under Section 146 of the Law of Property Act 1925

Possession proceedings – If the breach isn't remedied after the notice process, you'll need to pursue possession based on forfeiture. This is anecdotally harder to achieve. The Court has wide powers to grant relief from forfeiture, and there are no mandatory possession routes.

Be aware: you can 'waive' a breach by accepting rent or otherwise treating the lease as continuing during the possession process.

Existing notices – If you've already served a NOSP before this part of the Act commences, it remains valid. You can enforce it via the Section 8 Housing Act route, and that shared ownership lease stays assured. Section 8 Notices remain valid for 12 months .

9. What about pets?

No changes in the social housing sector for non-market rent properties.

In the private sector, tenants will have a right to request consent to keep a pet. Landlords cannot unreasonably withhold that consent.

10. Commencement – when does this all apply to Social Landlords?

The government published its implementation roadmap on 13 November 2025, setting out a phased approach to bringing the Act into force.

Key dates:

27 December 2025 (2 months after Royal Assent):

● Shared ownership leases cease to be assured tenancies (see Section 8)

● Investigatory powers for local authorities come into effect

● Local authorities begin reporting requirements

1 May 2026:

● Main reforms commence for the private rented sector only

● All existing and new private tenancies move to the new system

● This includes: abolition of Section 21, transition to periodic tenancies, rent increase limits, bidding ban, pet requests, and discrimination measures

Late 2026:

● PRS Database operational

● PRS Landlord Ombudsman operational

2027:

● Social Rented Sector brought into the new tenancy system

● This will follow consultation on a new Tenancy Standard

● Specific date within 2027 to be confirmed by Regulations

TBC (but likely after 2035):

● Decent Homes Standard extended to private rented sector

● Awaab's Law extended (subject to consultation)

The staggered approach means private landlords will be subject to the main reforms from 1 May 2026, but social landlords will not be brought into the new system until 2027. The Regulator of Social Housing is expected to provide further guidance on the transition for social landlords, including the consultation on the new Tenancy Standard.

11. Written Statements and Information Sheets

The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet)

(England) Regulations 2026 have been brought in as part of the implementation of the Renters Rights Act 2025. They require landlords to provide (in addition to the Tenancy Agreement) a Written Statement of the Terms and a Government prescribed Information Sheet. To start with, this will only apply to non-social housing tenancies, it is likely to be extended to social housing in 2027.

Associations with market rent tenancies need to be aware of this change for those tenancies ready for 1 May 2026. The full details are below. Please see our separate article here on for full details here .

The forms and the prescribed Information Sheet have now been published, please see our separate article here

ASB Statutory Guidance published - September 2025

Fri, 10 Oct 2025 09:30:47 GMT

ASB Case Reviews: updated statutory guidance

On 17 September 2025 the Government published updated statutory guidance on anti-social behaviour. Although dated July 2025, the guidance only appeared on the gov.uk website in September.

The amendments primarily focus on strengthening the ASB Case Review process, making it more victim-centred and accessible. These changes respond to findings that many victims don't know about the Case Review process or feel unsupported when using it.

In this blog post, we look at some of the main changes.

1. Promotion of the ASB Case Review process

The Case Review process must now be explained to all victims of ASB who make two reports in any six-month period - regardless of whether they actually meet the threshold for a Case Review.

This is a significant change. Previously, many victims only learned about Case Reviews when they met the threshold. Now, you must proactively inform victims about this option even if their situation doesn't yet qualify.

What to do now: Review your ASB response letters and procedures to ensure every second report triggers information about the Case Review process.

2. Accessibility of the ASB Case Review process

The Case Review process must be accessible to all victims. This means the application process must cater for people who may not have internet access or smartphones, or who may have other support or assistance needs.

Practical implications:

● Offer multiple routes to apply (phone, paper forms, in-person assistance)

● Train staff to help victims complete applications if needed

● Consider accessibility needs (language, disability, literacy) when designing your process

3. Victim inclusion and support

The guidance significantly expands on how victims should be involved throughout the process:

● Victims should be able to choose their level of involvement

● Victims must be consulted on any action plan before it's finalised

● Victims should be invited to attend meetings (in person or virtually)

● Victims should be invited to provide written impact statements

This shifts the Case Review from something done about the victim to something done with them.

The guidance also refers to the Victims' Code (2023), which gives people who have suffered harm from criminal conduct the right to support – whether or not the incident gets formally recorded as a crime or leads to charges.

What to do: Where ASB has been reported to police, refer the victim to local support services. Even where it hasn't been reported to police, make sure victims know how to access such services themselves.

4. Single Point of Contact (SPoC)

When a complaint progresses to a Case Review, the victim must be given a Single Point of Contact from the relevant organisation.

The SPoC is responsible for:

● Being the victim's primary contact throughout the process

● Keeping the victim regularly updated on progress

● Notifying the victim when and why a case is being closed

What to do now: Designate who will be SPoCs before cases arise. Ensure they have capacity to maintain regular contact and understand their responsibilities under the guidance.

5. Independent Chair

Case Review chairs should have appropriate training in ASB procedures and legislation, and must be independent from the case itself.

Independence can mean appointing someone from your Community Safety Partnership who hasn't dealt with this particular matter, or bringing in someone from a neighbouring local authority.

Having an independent chair brings fresh eyes to assess what's been done and what else might help. They can challenge assumptions and suggest approaches the original team may not have considered.

What to do now: Councils should establish arrangements with neighbouring councils or Community Safety Partnership members who can chair reviews. Don't wait until a case arises to identify potential independent chairs.

Conclusion

The updated guidance is designed to increase awareness of, and confidence in, the Case Review process. It ensures victims are heard, supported, and kept at the heart of decision-making.

Landlords should review their ASB Case Review procedures now to ensure compliance with these strengthened requirements when handling victim complaints.

Awaab’s Law – Coming on 27 October 2025

Wed, 09 Jul 2025 13:25:21 GMT

Awaab’s Law – Coming on 27 October 2025

The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 were laid before Parliament on 25 June 2025 (the draft Regulations are available here: https://www.legislation.gov.uk/ukdsi/2025/9780348273083 ).

These regulations, if approved, will mean that Awaab’s Law will apply to social housing providers from 27 October 2025.

The Government has also published draft non-statutory guidance: https://www.gov.uk/government/publications/awaabs-law-draft-guidance-for-social-landlords/awaabs-law-draft-guidance-for-social-landlords

Emergency Hazards

An emergency hazard is a hazard which poses an imminent and significant risk of harm to the health or safety of an occupier of the property. The hazard must:

Be any HHSRS hazard (except for a lack of adequate space for living and/or sleeping); and
Arise from a deficiency in the property (or from any other property or land in the vicinity) for which the landlord is responsible; and
Is not wholly or mainly attributable to the tenant’s breach of lease or any exclusion or modification ordered by the County Court under section 12 of the Landlord and Tenant Act 1985.

Under the Regulations, landlords will have 24 hours, in respect of an emergency hazard, to either conduct repairs (but not including repairs/works to cladding).

The 24-hour deadline ceases to apply where:

The tenant (and other occupiers) are decanted from the property before it expires; or
The required works cannot be completed without the consent of someone else and all reasonable steps to obtain such consent have been exhausted and the consent has not been obtained; or
A further investigation concludes that the hazard does not exist, or the works are not required.

Significant Hazards

Significant hazards are hazards which pose a significant risk of harm to the health or safety of an occupier of the property (N.B. an emergency hazard requires an ‘imminent’ and ‘significant’ risk whereas significant hazards only require ‘significant’ risk). The hazard must:

Be associated with exposure to damp, mould or fungal growth; and
Arise from a deficiency in the property (or from any other property or land in the vicinity) for which the landlord is responsible; and
Is not wholly or mainly attributable to the tenant’s breach of lease or any exclusion or modification ordered by the County Court under section 12 of the Landlord and Tenant Act 1985.

An investigation must be completed:

Within 10 working days from the day after the landlord becomes aware of the issue or concern; or
If the tenant requires a physical inspection of the property, 10 working days from the day after such a request was made.

A summary of the investigation must be provided to the tenant within 3 working days from the day after the investigation was completed unless, within that time, all required works have been completed. It is worth noting that the Regulations also amend the usual rules regarding service by post in that the summary must only be posted (and not received) within the 3 working days.

Under the Regulations, landlords will have 5 working days (from the date of the conclusion of the investigation) to repair significant hazards (but not including repairs/works to cladding).

The 5 working day deadline ceases to apply where:

The tenant (and other occupiers) is decanted from the property before it expires (provided the works are then completed as soon as reasonably practicable); or
The required works cannot be completed without the consent of someone else and all reasonable steps to obtain such consent have been exhausted and the consent has not been obtained; or
A further investigation concludes that the hazard does not exist, or the works are not required.

Preventative Works

Where preventative works are identified, these must also be commenced either:

Within 5 working days from the day after the investigation was completed; or
Where this is not reasonably practicable, within 12 weeks of the conclusion of the investigation.

Preventative works must be completed within a reasonable period.

Preventative works will cease to be required where:

The required works cannot be completed without the consent of someone else and all reasonable steps to obtain such consent have been exhausted and the consent has not been obtained; or
A further investigation concludes that the hazard does not exist, or the works are not required.

Keeping the Tenant Updated

The tenant must be kept regularly updated and must be updated at the following points:

The works are complete;
Where the required works cannot be completed without the consent of someone else and all reasonable steps to obtain such consent have been exhausted and the consent cannot be obtained;
A further investigation concludes that the hazard does not exist, or the works are not required.

Retrospective Application

The Regulations have retrospective application to existing hazards (i.e. hazards that existed before 27 October 2025) where:

A report is received on or after 27 October 2025 about that hazard; or
There is a material change on or after 27 October 2025 relating to a hazard which the landlord was aware of before 27 October 2025.

Another look at hoarding? - Thiam v Richmond Housing Partnership

Thu, 05 Jun 2025 17:03:24 GMT

Thiam v Richmond Housing Partnership – Another look at Hoarding?

In the recent case of Catherine Thiam (a Protected Party, by her Litigation Friend, the Official Solicitor) v Richmond Housing Partnership [2025] EWHC 933 (KB) the High Court dismissed an appeal and found that a social landlord who successfully obtained possession of its property from a tenant who was a hoarder, acted proportionately pursuant to s.15(1)(b) of the Equality Act 2010 (“the 2010 Act”), which concerns discrimination arising from disability.

Crux of the Possession Claim

The possession claim trial was heard by His Honour Judge Luba KC in the County Court.

Occupying the property under an assured tenancy, the tenant, Catherine Thiam, had a hoarding disorder which stemmed from delusional disorder as a consequence of simple schizophrenia. The tenant’s condition therefore amounted to a disability under s.6 of the 2010 Act, which was accepted by the Judge. Though the tenant’s disability was informally diagnosed, the tenant failed to obtain medical treatment for her disability and also failed to engage with support referrals made by the landlord.

The landlord, Richmond Housing Partnership (a registered provider of social housing), sought possession of its property successfully relying on grounds 8, 12, 13, and 14 as set out in Schedule 2 of the Housing Act 1988:

Ground 8, the tenant was in serious rent arrears of some £18,000.
Ground 14, nuisance, annoyance, illegal or immoral use of the property due to the anti-social behaviour of the tenant’s son who also lived at the property.
Ground 12, breach of tenancy conditions as the tenant repeatedly failed to provide access to the property to the landlord and those who were to undertake maintenance work on behalf of the landlord.
Ground 13, deterioration in the condition of the property; videos and photos showed the condition of the property to be in very poor condition. The front and rear gardens full of overgrown and unkept vegetation, a massive number of black bags and other discarded household items. The property was unsightly, smelly and was said to encourage vermin. The Judge heard that the tenant had 50 guinea pigs in the garden and the garden could not be accessed because of the items outside.

The tenant’s legal representative unsuccessfully made a submission to have the application for possession dismissed, asserting that the landlord’s decision to seek possession amounted to unlawful discrimination on the grounds of disability, and asked the court to refuse to grant possession by exercising its discretion under s.7(4) of the Housing Act 1988.

The Judge then considered s.15(1)(b) of the 2010 Act.

Judge Luba accepted that the landlord sought possession of the property because of the tenant’s hoarding which arises in consequence of her disability, and concluded that the landlord could show that seeking possession of its property was a proportionate means of achieving a legitimate aim on the facts of this case.

Referring to the landlord at paragraph 54 of his judgement Judge Luba said, ‘It wishes to see premises that it owns maintained by its tenants in a condition which does not lead to them being an eyesore, being a harbourage for rodents, and generating smells causing nuisance and other unpleasantness to those in the locality’. ‘It also, obviously is a legitimate aim to ensure that tenants pay their rent and comply with their condition of tenancy.’ Possession was therefore granted.

The High Court Appeal

The tenant appealed the decision to the High Court. The three grounds for the appeal were:

1. The landlord did not, when commencing the possession proceedings, recognise that the tenant’s hoarding was a consequence of her disability.

2. The landlord had not put in place specialist intervention.

3. The landlord had not made an application to the Court of Protection.

The High Court dismissed all 3 grounds of the appeal.

First ground

The High Court concluded that whether the landlord considered the tenant to be disabled and whether or not the landlord formed a view that there was or might be any connection between the tenant’s disability and the conduct that caused the landlord to decide to seek possession is not central to, and cannot be determinative of, whether the landlord seeking possession of the property was a proportionate means of achieving a legitimate aim.

In this case, it was more important for the court to consider what the landlord did and what the landlord might have done further before deciding to seek possession. As well as making referrals to support the tenant with her disability, the landlord had obtained an injunction in 2019 which included provision for the tenant to clear the property of rubbish. The landlord also completed an assessment which clearly illustrated that the landlord had regard to the tenant’s disability when the decision to seek possession was taken.

Second ground

The High Court judge did not accept this submission as the landlord had made numerous referrals in attempt to obtain support for the tenant. It had made referrals to Adult Social Services, Children’s Social Services, the landlord’s own home treatment team, the police, and multi-agency forums. This showed the lengths the landlord went to when seeking to address the tenant’s hoarding problem.

The High Court judge did not consider it necessary for the landlord itself to engage specialist help for the tenant as taking such steps would go beyond anything that is ordinarily or reasonably within the ambit of a landlord and tenant relationship. Specialist intervention would be the responsibility of social services rather than the landlord.

The High Court also noted the likely cost of acquiring specialist intervention and the limited resources of social landlords.

Finally, the High Court stated that the proportionality obligation under s.15(1)(b) of the 2010 Act, did not require the landlord to retain specialist assistance because, in all likelihood, any such assistance would have been futile. This was because the tenant’s delusional disorder resulting from simple schizophrenia was untreated as the tenant did not wish to receive medical help. Therefore, until the tenant agreed to medical treatment, the conditions necessary for the specialist intervention to make any progress with helping the tenant could not exist.

T hird ground

The tenant’s counsel submitted that the landlord should have made an application to the Court of Protection before seeking possession of the property. It was said that such an application may have led to an order allowing the landlord to enter the property and remove the waste inside and outside the property. The High Court found that an application by the landlord to the Court of Protection would have been speculative.

Although the tenant was being represented by the Official Solicitor in this case, the tenant was party to other proceedings 2 years prior and, in those proceedings, there was no question that the tenant lacked capacity. The High Court stated that, even if the issue of capacity were overcome, it was unclear what order might have been sought on an application to the Court of Protection by the landlord.

The High Court also stated that if the landlord were to have made a speculative application to the Court of Protection this would have led the landlord to incur significant expenditure on litigation, which would have been disproportionate and would go beyond any step that could legitimately or reasonably be expected of a landlord in this case.

What this case means for social landlords

The court will consider each case on its own facts by taking an objective approach. This applies not only in cases where a tenant is a hoarder, but where a tenant has a disability or there are concerns that the tenant may have a disability or vulnerability, it is imperative for social landlords to ensure that before seeking possession of its property, it has acted proportionally based on the circumstances. Some key things to consider are:

1. Take reasonable steps to support a tenant by making referrals to relevant statutory services such as social services, multi-agencies, any in-house tenancy support, and/or medical practitioners.

2. Consider seeking an injunction order as part of a graduated response.

3. Complete a justification assessment setting out the reasoning and considerations had before seeking possession.

Author: Vanessa Wilson

What the Crime and Policing Bill has in store

Wed, 26 Feb 2025 09:07:36 GMT

What the Crime and Policing Bill has in store for ASB and Housing Providers

Yesterday (25 February 2025) the Government introduced the Crime and Policing Bill ('the Bill') to Parliament. Whilst the Bill requires some in-depth review, the initial headlines are:

Registered Providers given Closure Order powers; and
The introduction of Respect Orders; and
The replacement of the current anti-social behaviour injunction regime with 'Youth Injunctions' and 'Housing Injunctions'; and
The requirement to provide Risk Assessments when making applications for Respect Orders, Youth Injunctions, or Housing Injunctions; and
The creation of an offence of cuckooing; and
The creation of Local Policing Body reviews; and
The obligation to supply ASB data to the Secretary of State.

Closure Orders

The Bill gives Registered Providers the power to issue Closure Notices and apply for Closure Orders.

This power will only apply to properties owned or managed by the registered provider.

There are also provisions permitting a member of the providers senior management team to authorise 48-hour Closure Notices.

There is no suggestion within the Bill that, having obtained a Closure Order, the registered provider could not then rely on the mandatory ground of possession.

Respect Orders

Respect Orders are introduced by the Bill. These orders effectively mirror the current anti-social behaviour injunction regime however they can only be obtained against persons aged 18 or over.

However, Respect Orders will only be available in respects of conduct which has caused, or is likely to cause, harassment, alarm, or distress to any person. This means that Respect Orders will not be available in circumstances where the conduct amounts to housing related nuisance or annoyance. Where the conduct amounts to housing-related nuisance or annoyance an application will need to be made for a Housing Injunction (see below).

Respect Orders are obtained through either the County Court or High Court however the breach of a Respect Order is a criminal offence. The punishment for a breach is either:

Up to 6-months imprisonment or an unlimited fine (or both) if convicted in the Magistrates' Court; or
Up to 2-years imprisonment or an unlimited fine (or both) if convicted in the Crown Court.

Respect Orders will open the door for the criminal courts to impose a wider range of sanctions (such as community orders) in the event of a breach. The courts will be prohibited from granting a conditional discharge for the breach of a Respect Order (but seemingly will be permitted to grant an unconditional discharge).

These additional sentencing powers go some way to addressing the concerns raised by the Civil Justice Council in their 2020 report on Anti-social Behaviour and the Civil Courts.

As the Bill is currently drafted, a breach of a Respect Order will not give rise to a mandatory ground of possession.

When an application for a Respect Order is made the court will be able to treat it as an application for a Housing Injunction (and vice versa).

Youth Injunctions

The Bill amends section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (the section which currently governs anti-social behaviour injunctions) so as to mean that these injunctions will, once the Bill comes into force, only be available in respects of persons aged under 18 (but aged 10 or over).

These injunctions will be dealt with by the Youth Court and a breach will, in so far as the Bill is currently drafted, amount to a mandatory ground of possession under Ground 7A of Schedule 2 of the Housing Act 1988.

Housing Injunctions

The Bill further amends the Anti-social Behaviour, Crime and Policing Act 2014 so as to introduce Housing Injunctions. The provisions in respects of these new injunctions effectively mirror the current injunction regime except that the anti-social behaviour must be housing-related. This means conduct which is either capable of causing:

Nuisance or annoyance to a person in relation to that person's occupation or residential premises; or
Housing-related nuisance or annoyance to any person (i.e. conduct which directly or indirectly relates to housing management functions).

Housing Injunctions can only be granted against persons aged 18 or over.

A breach of a Housing Injunction will seemingly be treated in the same manner as a breach of a current injunction however will not give rise to a mandatory ground of possession.

When an application for a Housing Injunction is made the court will be able to treat it as an application for a Respect Order (and vice versa).

Risk Assessments

Before applying for a Respect Order, a Youth Injunction, or a Housing Injunction a risk assessment must be completed. This assessment must contain prescribed information including:

Any known (or suspected) vulnerabilities of the respondent/defendant;
What alternatives are available;
The risks posed by the respondent/defendant.

There will also be a requirement to have regard to statutory guidance in respects of risk assessments.

Transitional Provisions

Any injunctions applied for or obtained before the Bill comes into force will continue under the current statutory regime and will not be effected by the Bill.

Cuckooing Offence

The Bill creates a new offence of cuckooing (or 'controlling another's home for criminal purposes' to give it its full title).

The offence will be committed where:

Person A exercises control over the dwelling of Person B; and
Person A is controlling the dwelling for the purpose of using the dwelling (whether by himself or any other person) for one or more prescribed offence; and
Person B does not consent to that control for that purpose.

The Bill defines 'dwelling' so as to include gardens and outbuildings along with any structures.

The Bill also establishes a test to determine whether Person A has control of a dwelling. This includes whether they can control who enters/leaves the dwelling, whether they control deliveries to/from the dwelling, and whether they control the purpose for which the dwelling is being used.

A further test in respects of establishing whether Person A (i.e. the occupier/tenant of the dwelling) has consented to the occupation is also introduced. This sets out that a person will not be taken to have consented if they are under 18 years old, lack capacity to consent, do not have enough information about the proposed use of the dwelling to make an informed decision, do not give their consent freely (e.g. circumstances where someone is threatened or coerced or controlled into giving consent), or they withdraw their consent.

The current list of prescribed offences includes various drug, weapons, fraud, theft, exploitation, and sexual offences. There is also a power for the list of prescribed offences to be varied.

Someone convicted of the offence of cuckooing can be sentenced to:

Up to 6-months imprisonment or an unlimited fine (or both) if convicted in the Magistrates' Court; or
Up to 5-years imprisonment or an unlimited fine (or both) if convicted in the Crown Court.

Local Policing Body ('LPB') Reviews

The Bill requires each local police force area to create and implement a policy in respects of LPB Reviews.

A LPB Review will be an escalation from an ASB Case Review. A person can request a LPB Review where either:

They applied for an ASB Case Review but it was determined that the threshold was not met; or
An ASB Case Review was carried out.

Whilst not expressly set out in the Bill it seems logical that a person would only request a LPB Review following an ASB Case Review if they were dissatisfied with the outcome.

The LPB Review may give recommendations to other agencies (including registered providers) in respects of resolving ASB and the Bill will make it a statutory requirement for that other agency to have consideration of those recommendations when discharging their public duties and functions.

Supply of ASB Data to the Secretary of State

The Bill gives the Secretary of State a power to require relevant authorities (which includes registered providers) to provide data in respects of ASB. The data requested can include data in respects of the number and nature of reports of ASV received, the responses to those reports, and information in respects of ASB Case Reviews.

The Secretary of State will also have the power to prescribe how often this data is to be provided and the form in which it is to be provided.

The Bill also expressly sets out that the requests from the Secretary of State may require an authority to collate, collect, and create information. This means that it will be highly unlikely than an authority will be able to say that they do not have the data requested and therefore absolve themselves of having to supply it.

Points to Consider / Potential Issues

Breaches of Respect Orders and Housing Injunctions not giving rise to a mandatory ground of possession is concerning and will hopefully be something which is picked up on and amended as the Bill progresses through Parliament.

The formal requirement to include risk assessments with applications for Respect Orders, Youth Injunctions, and Housing Injunctions may seem like an additional burden however, in practice, most registered providers will already be completing similar assessments in order to consider their public law obligations. This change simply means there is now clearer guidance on what information those assessments must contain and what issues they must address.

The prosecution of persons who breach Respect Orders (or commit the new cuckooing offence) is not confined to the Crown Prosecution Service. This could therefore see registered providers having to move into the world of criminal investigations and prosecutions in order to protect their tenant's and their housing stock.

The Closure Order power, whilst welcomed by some, may have unexpected consequences. For example, in possession proceedings (especially proceedings which relate to the conduct of persons visiting a property), registered providers may have to account for why they didn't opt to use their closure powers in order to show the proportionality of their decision to seek possession. Also, enforcement of Closure Orders is going to require support from the police and will not be something registered providers will be able to enforce themselves as they cannot arrest people for breaching the orders.

The new LPB Reviews and duty to provide data to the Secretary of State may increase the administrative burden on registered providers. Consideration may, specifically in respects of the collection and supply of data, need to be given as to how current systems can be used to capture the data required.

The Bill has only just had its first reading and no date for the second reading has been published. It is likely that the Bill will be amended as it passes through Parliament and that the final Bill may look substantially different to the current first draft. Also, if the Bill does become an Act, this does not mean that all of the proposed changes will immediately come into force. Some changes may not come into force immediately and indeed some may never be brought into force.

by Daryl Bigwood

Are you prepared for Awaab's law

Thu, 23 Jan 2025 08:48:34 GMT

Are you prepared for Awaab's law?

Everyone working in the housing sector remembers the tragic death in December 2020 of Awaab Ishak. He died from exposure to mould in his family’s social housing property in Rochdale.

Awaab’s death has led to a change in legislation with more duties placed upon social landlords (there are proposals for these new duties to be extended to the private sector). This followed a consultation by the Conservative Government about how the proposals should be implemented.

Parliament has now passed Awaab’s law into legislation. This can be found in Section 42 of the Social Housing (Regulation) Act 2023, which inserts a new Section 10A into the Landlord and Tenant Act 1985.

Significantly, the new law has retrospective effect. All tenancies and leases, even those existing before the Act comes into force, will be caught by its provisions. That means landlords will need to address existing problems and defects in line with their new duties.

Regulations on their way

Section 42 also states that regulations will be brought into force. These will set out the conditions that will need to be met and the time limits that will apply.

The Regulations are not yet in force, but the consultation proposed the following in terms of scope and time limits

Scope

It has been proposed that Awaab’s Law should apply to all 29 health and safety hazards set out by the Housing Health and Safety Rating System (HHSRS) – not just damp and mould.

The proposed threshold for hazards under the new law is that they could pose a significant risk to the health or safety of the actual resident.

Time limits

Similar to the timescales put forward by Awaab Ishak’s family, the new law proposes that landlords:

Investigate hazards and provide residents with a written summary within 14 days
Begin repairs within a further 7 days and satisfactorily complete them within a reasonable period of time
Make emergency repairs within 24 hours
Social landlords must secure suitable alternative accommodation if the repairs cannot be completed in a reasonable timescale and where the hazard poses a significant risk, harm or danger to residents.

What qualifies as an emergency repair?

The consultation document defines this as hazards that present “a significant and imminent risk of harm”.

Defences

There is a defence. To rely on it, associations will have to show that all reasonable endeavours have been made to avoid the breach of tenancy agreement. This will require a clear paper trail along with concerted efforts to try to resolve the issue.

What do you need to do to prepare?

We await the date that the Regulations are to be brought into force. That is expected to be sometime this year. Once the Regulations become law, implementation could follow swiftly.

Your association will need to be ready to meet the short time limits set out above. Equally, you will need to be confident that your contractors are able to meet the timescales for repair.
You may need to implement a system (or update their current asset management system) to record reported issues that could be caught by the new law and mark those repairs as priorities to be resolved within the new timescales
You may also need to consider decant accommodation more often than you would normally do at present.

To prepare, we suggest that all associations make sure they are on top of those properties where there is a housing condition (disrepair) claim intimated or where there is a complaint about repairs.

Wherever there is a hazard present under the HHSRS, your association will need to be able to act quickly.

At CobbWarren, we can advise you on all your options for these forthcoming changes. Contact us today to speak to one of our specialist housing solicitors .

Pitch fee increases and exceptionally high RPI/CPI

Mon, 21 Oct 2024 17:48:28 GMT

Is an exceptional level of RPI good reason to depart from an increase in pitch fees at that level? – Mobile Homes Act 1983

The Mobile Homes Act 1983 applies to sites run as gypsy and traveller sites, whoever is the owner or manager. More often than not it is a local authority or a registered provider of social housing who owns or manages the site.

When increasing the Pitch fee there is a set legal procedure and statutory notices that need to be used and followed, and the relevant Tribunal can take into account certain matters to determine the pitch fee level.

Such was the position with a recent case that Cobb Warren took to the Upper Tribunal Lands Chamber for determination on behalf of a client. This case was T eignbridge District Council v Clark [2024] UKUT 279 (LC) and the judgment can be found here.

In this case, the pitch occupant challenged the annual pitch fee increase based on both the amenity value of the site and because this pitch fee increase was at an ‘exceptional level’ – you may recall that interest rates at RPI were particularly high in or around December 2022 when this was assessed and pitch fee increase notices were served. At the first hearing, the respondent stated that this level of increase would cause him hardship during the time of the costs of living crisis.

The normal presumption is that RPI increases will be permitted by the First-Tier Tribunal (Property Chamber), although this is only a presumption and not an entitlement.

The First-Tier Tribunal, in the first instance, reduced the increase on 2 grounds: (1) the amenity of the site and (2) the exceptional level of RPI.

The applicant, Teignbridge, appealed this decision to the Upper Tribunal and succeeded in part. The Upper Tribunal found that the First-Tier Tribunal had sufficient evidence to reach the conclusion that amenity value had been affected (albeit the evidence of this from the Respondent was only pursued verbally at the first hearing). However, the Upper Tribunal also decided that, by considering the ‘exceptional level of RPI’, the First-Tier Tribunal had taken into account an irrelevant consideration. Accordingly, the Upper Tribunal remitted the case back to the First-Tier Tribunal to think again about the decision and remove any deduction they had attributed to the exceptional level of RPI.

Although the Mobile Homes Act 1983 has since changed (from July 2023) and it is now CPI that is used, similar principles will apply to any CPI increases where its level is particularly high in one year and when this then impacts pitch fee increases.

This case was led by our partner Joe Warren, with expert advocacy (written and verbal) from Jonathan Ward of Magdalen Chambers.

Amongst our social housing and public body practice we have a particular specialism in issues arising at Gypsy and Traveller sites. Get in touch for more details by emailing office@cobbwarren.com

Positive Requirements in ASB injunctions

Mon, 14 Oct 2024 15:05:08 GMT

Cobb Warren were recently successful in an appeal against the decision of a District Judge to refuse an application to include a positive requirement in an injunction pursuant to Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act"). This took place in October in front of a Circuit Judge in the County Court at Bristol.

Our client sought to include a provision requiring the respondent to engage with support services to help address the underlying causes of the anti-social behaviour the respondent engaged in.

The District Judge at first instance refused the application on the basis that such an order would amount to an order of mandamus (orders of mandamus have, since 2004, been known as ‘mandatory orders’ - they are specific to public law matters) and therefore, pursuant to section 38 of the County Courts Act 1984. The District Judge said that the County Court lacked jurisdiction to make such an order.

The appeal was argued on two points:
1. The order was not an order of mandamus (or mandatory order) as such orders are remedies in public law proceedings only and not private law proceedings; or
2. In any event, even if it were, the 2014 Act creates a separate statutory scheme which enables the County Court to include any positive requirements in an injunction in order to prevent the respondent from engaging in anti-social behaviour.

The Circuit Judge hearing the appeal allowed the appeal on both grounds.

In respects of the second ground, we advanced an argument that the decision in Swindon Borough Council v Abrook [2024] EWCA Civ 221 supported the ground as:
1. The Court of Appeal determined that the Court’s usual case management powers to vary or set aside an order of its own volition did not apply to injunctions under the 2014 Act. This was therefore indicative of the 2014 Act creating its own statutory scheme.
2. The Court of Appeal was considering an appeal from the decision of a District Judge in the County Court and determined, at paragraph 109 of that earlier judgment that a Court should consider making positive requirements. Therefore, the Court of Appeal seemingly accepted that positive requirements were available in the County Court.

Overall, we achieved a good outcome for our client and obtained clarity as to the use of positive requirements. Such requirements can often be more effective in addressing anti-social behaviour, by addressing the causes of the behaviour, rather than simply prohibiting the behaviour itself.

A review of the Court's powers in relation to Anti-Social Behaviour by the Civil Justice Council in 2020 emphasised the importance of including positive requirements in injunctions. One of its recommendation was to increase their use as a way of addressing underlying issue causing Anti-Social Behaviour.

If you need to discuss the above case or require any guidance please get in touch with us.

Newsflash - Renters' Rights Bill 2024

Thu, 12 Sep 2024 11:28:21 GMT

Newsflash - Renters' Rights Bill 2024

Yesterday, 11 September 2024, the Government introduced the Renters’ Rights Bill (the ‘RRB’). Although this Bill is new it is very similar to the Renters (Reform) Bill introduced by the Conservative Government in 2023 which didn’t make it to the statute books.

The RRB, if passed in its current form (and it has some way to go first through Parliament), introduces a number of amendments to the Housing Act 1988.

End of Assured Shorthold Tenancies

The RRB abolishes assured shorthold tenancies (ASTs). All ASTs will become periodic assured tenancies. This will mean the end of starter tenancies where the tenancy is an AST for the initial period and it then converts to an assured tenancy.

The current proposal is that this is immediate with no transition period – although this could change.

End of Fixed Terms

The RRB abolishes fixed term assured tenancies. This means that all fixed term tenancies will become periodic tenancies based upon the rental period. Furthermore, new periodic tenancies must have rental periods which are either:

28 days or less; or
Monthly.

Scrapping of Section 21 ‘no fault’ notices and evictions

By abolishing assured shorthold tenancies, the RRB also abolishes section 21. So, no more Section 21 ‘no fault’ notices can be issued by registered providers or private landlords. Everyone will need to use ‘grounds’ for possession and prove those grounds to a Judge. These grounds will be existing ones in Schedule 2 of the Housing Act 1988 or new/amended ones – see below.

Grounds of Possession

The RRB introduces new mandatory grounds of possession:

Ground 2ZA – a superior landlord is seeking possession from the housing association.
Ground 5C – tenancy granted due to employment and this has come to an end (makes the current Ground 16 a mandatory ground).
Ground 5B – the property is required for someone who needs it for employment requirements.
Ground 5G – property let to local authority to help with homelessness duty and it is no longer required for that purpose.
Ground 6A – possession is required because of enforcement action being taken by local authority.

A new discretionary ground (Ground 18) is also proposed. This will enable landlords to seek possession of supported accommodation where the tenant is unreasonably refusing to engage with the support offered.

The RRB will also amend Ground 8 (the mandatory ground for high level rent arears). The minimum level of arrears to trigger Ground 8 will be:13 weeks in the event of a weekly or fortnightly periodic tenancy; or
3 months in the event of a monthly periodic tenancy.

As quarterly and 3-monthly periodic tenancies will no longer be permitted, the provisions in respects of these will be repealed.

The RRB will also require that, where a tenant is entitled to the housing element of Universal Credit but has not yet received it, the amount they are due to receive has to be ignored.

Proposed Changes to Possession Notice Periods

Where a possession notice cites Ground 7A (the mandatory anti-social behaviour ground) of schedule 2 of the Housing Act 1988 the RRB will allow for proceedings to be commenced immediately following service of the notice. This brings Ground 7A in line with Ground 14 (the discretionary anti-social behaviour ground).

The table below sets out the proposed notice periods for the grounds other than Grounds 7A and 14:

GROUND SPECIFIED IN NOTICE:

1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A

four months beginning with the date of service of the notice

5, 5A, 5B, 5C, 5D, 5H, 7, 9

two months beginning with the date of service of the notice

5E, 5F, 5G, 8, 10, 11, 18

four weeks beginning with the date of the service of the notice

4, 7B, 12, 13, 14ZA, 14A, 15, 17

two weeks beginning with the date of the service of the notice

Where Grounds 7A and/or 14 are included in a notice, possession proceedings will be able to be commenced as soon as the notice is served.

Tenant’s Notice to Quit

The RRB also amends the requirements in respects notices to quit given by tenants under assured tenancies. Under the RRB tenants must give at least 2 months’ notice to quit. There is provision for the tenant and the landlord to agree to a shorter notice period in writing.

The RRB also addresses the thorny question of the revocation of a tenants notice to quit. The RRB allows a tenant to withdraw their notice to quit, before it expires, as long as the landlord consents.

The RRB does not alter the regime for a landlord serving a notice to quit (in the circumstances where a landlord is permitted to do so).

Private Landlords (may include social landlords who also let properties on a non-social tenancy basis)

As well at the above, the RRB will:

Introduce Awaab’s Law for private landlords;
Give private tenant’s the right to request to keep a pet (subject to some conditions);
Introduce the Decent Homes Standards for private landlords.

Conclusion

The RRB will bring forward many of the reforms promised by Labour as part of their manifesto and appears to ‘super charge’ the previous Government’s reform proposals. It is important to note that, whilst introducing the RRB to Parliament is an important milestone, it still has to go through numerous readings in the House of Commons, the House of Lords, and through the Committee stage where various amendments may be introduced. Therefore, if the RRB makes it to the statute books it may look fundamentally different.

It is also important to remember that, even if the RRB does make it through the process, different provisions may come into force at different times (and indeed, some may never come into force at all).

The question still hangs over this legislation of how the County Court will cope with all landlords having to go before a Judge to prove their ‘ground’ for possession. The Justice system is already strained and this could cause backlogs for all court users.

At CobbWarren, we can advise you on all your options for these forthcoming changes. Contact us today to speak to one of our specialist housing solicitors .

Responding to the riots: what powers do Housing Associations have?

Wed, 07 Aug 2024 13:27:05 GMT

Responding to the riots: what powers do Housing Associations have?

With widespread violence erupting across the country, it’s a worrying time for everyone.

The last time there was widespread rioting was in 2011. It paved the way for the introduction of a new Ground for possession for assured tenancies. This was then brought in with the Anti-Social Behaviour, Crime and Policing Act 2014 by inserting the new Ground 14ZA to Schedule 2 of the Housing Act 1988.

That Ground is still in place and could become relevant again in the wake of the recent riots.

What are the 3 elements for using this Ground?

The tenant or an adult residing within the rented property
Has been convicted of a serious offence
Which took place during, and at the scene, of a riot in the UK.

What’s classed as a riot?

This is defined by section 1 of the Public Order Act 1986:

12 or more people who are present together

· Use or threaten unlawful violence for a common purpose

· And the conduct of them (taken together) would cause a person of reasonable firmness at the scene to fear for their personal safety.

That means there is quite a high bar to prove before Ground 14ZA becomes relevant, but it could be possible over the coming weeks and months that some people involved in riots are convicted of an offence under section 1.

It’s important to note two further points:

1. The act of rioting can take place anywhere for this Ground to apply. It does not need to be in the locality of the rented property (unlike with other ASB Grounds mentioned below).

2. It is a discretionary ground. So, a Judge still has to consider whether it is reasonable to make a possession order.

On the last point, this does mean that possession is not guaranteed and will be dependent on all the personal circumstances of the perpetrator.

Other potential grounds of possession

In addition to Ground 14ZA, in such situations, associations do still have open to them the use of Ground 7A and Ground 14 if there is ASB and it is in the locality or somehow otherwise linked to that person’s housing.

Locality, as ever, will depend on the geography of the local area.

Ground 7A (a mandatory ground) would apply if there was a serious conviction within the locality. For example, if during a riot the perpetrator injured someone, and this led to a GBH conviction (section 18 Offence against the Person Act 1861).

Ground 14 (another discretionary ground) would apply in much wider situations where nuisance has been caused by someone’s actions and it is linked to the locality of the property.

As well as possession, an Injunction could also be available as an enforcement tool. If there are circumstances where tenants have been involved in rioting, it is worth obtaining a detailed analysis of what they have been convicted of and where this took place.

At CobbWarren, we can advise you on all your options. Contact us today to speak to one of our specialist housing solicitors .

Forced Access Oh No You Can’t – Oh Yes You Can!

Mon, 15 Jul 2024 09:34:34 GMT

Recent CobbWarren court success clarifies the position on Access Injunctions

Applying for an access injunction can feel like a bit of a lottery. There’s largely no consistent approach amongst Judges about whether they can grant an order for forced entry. Some Judges simply refuse. Some say they don’t have the power to do so, while others have no problem granting force access at all.

Thankfully, we now have some clear guidance.

CobbWarren, acting on behalf of a large registered provider of social housing, has successfully appealed the decision of a District Judge on this issue.

The background is an all too familiar scenario. Our client’s tenant refused to allow access to her property as per the terms of her tenancy agreement. Our client therefore applied for and obtained an injunction. In breach of the injunction, the tenant continued to refuse to allow access. So we made an application to enforce the injunction by way of forced access.

In February, the application came before a District Judge at Gloucester County Court. They decided that the County Court did not have the power to make such an order. It lacked jurisdiction.

We appealed that decision. On 10 July, a Circuit Judge heard our client’s appeal. He agreed with our submissions that the County Court does have the power to permit forced access where there has been non-compliance with an injunction or order for specific performance requiring access to be provided.

The Circuit Judge decided that the appeal was so strong on one specific point that he did not need to consider the other arguments raised as part of the appeal.

What was our core argument? It hinged on Civil Procedure Rule 70.2A.

This allows the Court to authorise a party to proceedings to do any act that another party has failed to do (where that other party was required to do the act by an injunction or order for specific performance). Here by way of an injunction, the Court had ordered the tenant to allow our client access. Despite the injunction, the tenant had failed to do so. Through the use of a locksmith, our client had the ability to gain access and was willing to do so.

Rule 70.2A also allows the Court to order the party who should have done the act to reimburse the other party for its costs of actually doing the act.

According to the Circuit Judge, allowing forced access to the property was within the scope of Rule 70.2A. It merely permitted our client to do the thing (gain access to the property) which the tenant should have enabled under the terms of the injunction.

The Circuit Judge therefore reversed the District Judge’s decision and made an order allowing our client to force access to the property (if the tenant carried on refusing to permit access).

And so, this decision confirms beyond doubt that the County Court can order forced access.

However, there’s an important point that’s worth noting. Although the County Court can allow forced access, it’s not obliged to do so. A Judge can still decline to make the order.

But what they can’t do is say they had no power to do so.

Each application will be assessed on its own merits. Forced access may be more likely to be allowed when the reason for requiring access relates to a matter of health and safety, such as gas or electrical safety inspections or the need to carry out urgent works.

As the decision to allow forced access is a discretionary one, it’s vitally important that the evidence accompanying any application to seek forced access sets out:

· why forced access is needed,

· the potential (or actual) consequences of access not being allowed, and

· how access will be obtained – i.e. via the use of a locksmith, use of a master/spare key, etc.

CobbWarren prepared all the appeal documents and our Senior Associate, Daryl Bigwood, was the advocate at the appeal hearing. We also acted for the landlord during the initial injunction application and the application for forced access. We continue to act for them in respect of an application for committal for the tenant’s continued failure to comply with the injunction.

Please get in touch for more details of how we can help you with similar cases.

CobbWarren Ranked in Chambers & Partners for First Time

Thu, 19 Oct 2023 11:40:10 GMT

The Chambers UK Legal Guide 2024 was released today – with a familiar name making its debut appearance.

We're delighted to say that CobbWarren has been included in Band 3 for Social Housing, South West.

Huge thanks to our referees and everyone who was kind enough to put in a good word for us.

Quotes

Here are a few of the nice things some nice people said about us:

"They are very responsive and approachable."
"Their mix and dynamic as a team mean that they are able to handle any case with ease."
"They always go above and beyond to respond quickly."
"Very responsive with practical advice on complex situations."

Well done to everyone else who has been recognised in the guide.

Renters Reform Roundup for Registered Providers

Tue, 30 May 2023 09:30:05 GMT

On 17 May 2023, the Government published its much-anticipated Renters (Reform) Bill . Already, there has been talk that the Secretary of State, Michael Gove, is considering backtracking on onerous reforms affecting student lets . But assuming the current draft is enacted, what does it mean for the social housing sector? What are the key changes housing associations need to be aware of?

Here are five things we could soon be saying hello and goodbye to.

1. Farewell, fixed-term tenancies

There will be no such thing as a fixed-term assured tenancy. These will be abolished and replaced by periodic assured tenancies with a maximum rent period of 28 days.

Any fixed-term tenancy that is longer than 7 years will cease to be an assured tenancy. That means the procedure for gaining possession for those will be through forfeiture, not the Section 8 Grounds for Possession.

2. Adieu, assured shorthold tenancies

Announcing the Bill, the Government referred to the reforms as a “once-in-a-generation overhaul of housing law”. If a generation is around 30 years, then perhaps nowhere is that claim more apt than in the abolition of assured shorthold tenancies. Introduced in 1988, the assured shorthold tenancy turns 35 this year.

The most significant consequence of the reform is to remove landlords’ ability to gain possession by serving so-called 'no fault' Section 21 notices.

3. So long, starter tenancies

Another consequence of assured shorthold tenancies departing the scene is that it will no longer be possible to offer a starter tenancy to a new tenant. Without assured shorthold tenancies, there can be no starter period with less security of tenure.

4. Greetings, extended grounds for possession

New mandatory grounds

A superior landlord is seeking possession from the private registered provider of social housing (new Ground 2ZA ).

A tenancy was granted due to the tenant’s employment, which has now come to an end. This is currently Ground 16 but becomes a new mandatory ground ( Ground 5C ). New Ground 5B also provides for possession where the dwelling is required to be let to someone who meets employment requirements.

The property is needed for supported accommodation ( Ground 5E ) or it was let as supported accommodation for move on and support services have since ended ( Ground 5F ).

The property was let to help a local authority with its homelessness duty but is no longer required for that purpose ( Ground 5G ).

Possession is required because of enforcement action being brought by the local authority ( Ground 6A ).

Finally, there is a new ground for repeated rent arrears ( Ground 8A ). This applies where at least 8 weeks’ rent remained unpaid for at least 1 day on at least 3 separate occasions in the last 3 years.

Changes to existing mandatory grounds

Ground 8 is to be amended. When calculating rent arrears, you are to exclude any amount that is unpaid because the tenant has not yet received universal credit where they are entitled to an amount for housing.

Discretionary grounds

The reach of Ground 14 (anti-social behaviour) will be extended. In the expanded version, “likely to cause” nuisance or annoyance is replaced with “capable of causing” nuisance or annoyance. Generally speaking, this introduces a wider ambit, although this will be open to argument in case law.

New Ground 18 enables landlords to seek possession where a tenant in supported accommodation has unreasonably refused to co-operate with support services.

You can find a useful summary of the revised grounds for possession and notice periods in Annex B of the Explanatory Notes to the Bill.

5. Good day, new notice periods

Notice of seeking possession

As well as a new form of NOSP, which will be published by regulations, there will be new minimum notice periods.

The notice period for Grounds 8, 10, and 11 is increased from 2 weeks to 4 weeks.

Landlords can begin proceedings immediately for Ground 7A (severe ASB/criminal behaviour).

However, a possession order cannot take effect until 14 days after a Section 8 notice was served if the only grounds of possession established are either or both of Grounds 7A and 14 .

Notice to quit

A tenant can give a notice to quit at any time. For assured tenancies, the standard period of notice will be two months, but a landlord can agree to a shorter period.

A tenant can withdraw their notice to quit if both the landlord and tenant agree in writing.

All change? Watch this space

The Bill is only at the first reading stage in the House of Commons, so the extent to which the proposed changes become law remains to be seen. But the indications are that housing associations will need to make wholesale changes to their tenancy agreements and policies and procedures (particularly around starter tenancy periods and what grounds you will/can use).

If you would like advice on your existing agreements or any other aspect of housing management, contact us today to speak to a member of our team.

Noise Complaints: Getting to grips with the Housing Ombudsman’s recommendations

Mon, 06 Feb 2023 21:09:26 GMT

Time to be heard. That’s the subtitle of the Housing Ombudsman Service’s latest report, Spotlight on: Noise Complaints . A detailed 58-page report with 32 recommendations ranging from changing policies to building community relations and working with other agencies.

But since the report was published in late October 2022, it’s been a busy few months for social housing providers.

Much focus has been on damp and mould issues, particularly with the Regulator of Social Housing’s call for evidence following the inquest into the death of Awaab Ishak. So it’s understandable if noise nuisance hasn’t been top of your priority list.

But it’s important not to lose sight of noise issues. Particularly as the second largest category of complaint received by the Ombudsman between 2019 and 2021 was the response to reports about tenant behaviour — leading to a maladministration rate of 43%,

So in this article, we’re going to look at three of the main themes from the report and how some of the recommendations tie into other aspects of good housing management.

1. Getting the framework right

We start with what the Housing Ombudsman sees at the heart of its findings: “a fundamental unfairness”.

Three-quarters of all noise reports are about ordinary household noise: movement, intermittent music, and everyday living. They’re not about anti-social behaviour. So why do over three-quarters of landlords (76%) respond to reports by using their ASB policy?

The Ombudsman says this approach is unfair – not only to the resident making the complaint but also to the resident who the complaint is about.

It can lead to “a kind of purgatory” for the complainant. Completing countless diary sheets. Making sound recordings. Trying to prove their neighbour has been antisocial when the reality is, in most cases, the statutory threshold won’t be reached.

A more holistic approach is needed. One that distinguishes between what might be genuine ASB and what might just be household noise accentuated by the age and type of the building.

To help both landlords and residents, the Ombudsman wants to see the Decent Homes standard revised to reflect the realities of modern living.

2. Prevention is better than cure

What does noise cost?

According to the report, noise leads to both human and financial costs. “It costs individuals their mental health and well-being and it costs landlords in protracted and often futile interventions, multi-agency liaison and staff morale.”

For the Ombudsman, these costs are underestimated. But also, to some extent, avoidable.

Around 13 of the recommendations in the report are aimed at preventing possible causes of noise. These include updating the void standard to ensure:

Carpets aren’t removed unless they’re in a poor state of repair

Properties have adequate insulation from transference noise

And anti-vibration mats are fitted into the washing machine space as standard.

3. Handling a noise report

Preventative measures won’t resolve all issues. So how should you handle matters once they escalate to a noise report?

The report makes recommendations on matters such as:

Equipment

Working with other agencies

And record keeping (which is the subject of the next Spotlight report).

There are three key areas of focus, however. All three concern effective communication.

Triage

The Ombudsman says poor communication is frequently the reason for their maladministration findings. One way to strengthen communication is through triaging reports to make sure you apply the correct approach.

Routinely using an ASB policy to handle noise reports may be one of the reasons why the uptake of mediation is poor. Managing a noise report under the label of ASB may also unduly raise expectations as to likely outcomes.

Instead, having two clear policies – one for good neighbourhood management and one for issues that meet the ASB threshold – gives residents clarity early on in the process and helps to manage their expectations.

Respect

One of the Ombudsman’s central concerns is the degree of respect given to residents’ complaints. “Where the resident is not afforded respect, neither are their concerns.”

The service didn’t find any evidence of actual bias in the cases it investigated. But there were instances of a perception of bias.

It heard from residents who felt their motives for raising a noise report were being questioned by their landlord. This was often in cases where the resident had complained before. Or where the resident was elderly and they were making a complaint about neighbours with young children.

Housing associations should make sure the tone of communication doesn’t result in perceptions of bias and that it isn’t dismissive of residents’ concerns.

They should also start preparing for the Access to Information Scheme. Because when that scheme is up and running, residents will be able to access your internal communications.

Timeliness and communication

In nearly all cases investigated by the Ombudsman, residents were frustrated by a lack of communication and delay. In particular, this happened when the landlord had been quick to communicate at the start of the process but then seemed to stop responding or providing updates.

Residents weren’t notified that there would be a delay and there was a glaring absence of proactive ‘holding letters’.

So, even where you’re unable to anticipate a delay, once you’re aware you won’t be able to meet the timescales you’ve given a resident, tell them as soon as possible and give them a revised date.

Not losing sight of noise

As the Housing Ombudsman himself acknowledged in a recent podcast , social housing landlords are facing a number of real challenges. But it's important not to forget about noise nuisance. The fact that the Ombudsman’s maladministration rate on non-statutory noise complaints is 62% underlines this.

It’s unlikely you’ll be able to act on all of the Spotlight report’s recommendations immediately. And you might find that, for the circumstances of your organisation, some ideas and suggestions are more practicable than others.

But by starting to think about noise nuisance in a more holistic way, there’s an opportunity to make long-term savings, strengthen community bonds, and reduce the risk of maladministration findings.

If you would like some advice on handling a noise report or need a hand with writing a good neighbourhood management policy, we’re here to help.

5 Top Tips for Applying for an Anti-Social Behaviour Injunction

Wed, 20 Jul 2022 19:59:59 GMT

5 Top Tips for Applying for an Anti-Social Behaviour Injunction

More needs to be done to tackle anti-social behaviour.

That’s the verdict of 56% of people surveyed by YouGov in April 2022. What’s more, 33% of people surveyed believe anti-social behaviour has got worse in their local area compared with 3 years ago.

As a responsible and caring housing officer, you’ll want to do everything you can to tackle anti-social behaviour affecting your communities. That, of course, means applying for anti-social behaviour injunctions, where appropriate.

This week (18–22 July 2022), as you’ll be aware, is the second UK-wide ASB Awareness Week organised by Resolve . Today (Wednesday 20 July) the focus is on best practice.

So what is best practice when it comes to applying for an ASBI?

In this article, we share our 5 top tips.

1. Take a broad view of when you can act

There are many circumstances in which a social housing provider can apply for an injunction under the Anti-Social Behaviour, Crime and Policing Act 2014 . That’s because the definition of anti-social behaviour in section 2 is wide enough to cover most situations.

It may be you want to prevent one of your tenants from behaving in an anti-social way. But that’s not the only category of person whose anti-social behaviour you can seek to curb.

So who could be the subject of an ASBI?

Tenants
Leaseholders
Shared owners
Pitch holders (on traveller sites)
And anyone coming into the locality of your housing who’s causing problems.

The key is to link the anti-social behaviour to one of your properties or the locality when you’re putting together your evidence. Make the connection clear to the Court.

2. Follow the CJC’s pre-action process

Currently, there’s no formal court pre-action protocol or Home Office guidance for anti-social behaviour injunctions. But this was an area that the Civil Justice Council addressed in its report, Anti-Social Behaviour and the Civil Courts .

The CJC’s Working Party found significant support for a national pre-action protocol. It suggested how that might be worded (see pages 45–49 of the report).

Although the recommended pre-action protocol is not enshrined in law, as a savvy housing officer you would be wise to follow it. Judges will be aware of the CJC’s proposal and, in the absence of something formal from the Civil Procedure Rules Committee, they may well use it when considering whether to make an order.

How can you demonstrate compliance?

You may find it useful to have a checklist you can run through. This should cover things such as:

Does the perpetrator have difficulty reading?
Are they under the age of 18?
Are they potentially vulnerable?
What alternative actions have you considered?
Have you sent a letter before action?
Have you considered including positive requirements in your application?

3. Get specific with your terms

To protect everyone affected by the anti-social behaviour, you may need to consider some fairly wide terms. But don’t be afraid to include some specific terms.

Judges like specific terms that are tailored to the evidence you’ve presented. The more specific you are, the less difficulty you’re likely to encounter if and when you come to proving a breach of the order. For instance, it can be challenging to prove that someone has caused a ‘nuisance’ to the person protected by the injunction.

With a specific term, it’s usually a yes/no question: did the perpetrator carry out the prohibited action? Whereas with more generalised or abstract terms, there can be arguments about what is meant by certain prohibitions.

For our clients, we’ve obtained terms as specific as banning someone from displaying pictures of Miss Piggy! Obviously, we combined this with a term requiring the perpetrator refrain from abusing or harassing the victim.

4. Consider asking for positive requirements

Another area of concern for the CJC was the use of ‘positive requirements’ in ASBI orders (see pages 97– of the CJC’s report ).

Section 1(4)(b) of the 2014 Act doesn’t just give the Court power to impose prohibitions on a perpetrator. It also enables it to order them to comply with certain requirements designed to address the root causes of their anti-social behaviour.

By including positive requirements in the order you seek, you can help a perpetrator resolve any underlying issues that might be causing their behaviour.

Common underlying issues or problems include:

Alcohol abuse
Drugs/substance abuse
Mental health issues
Homelessness
Inability/ unwillingness to consider the impact of anti-social behaviour on others
Youth-related issues (for those under 18).

Positive requirements are ideal when support or other agencies are already involved with the perpetrator.

5. Be clear on without notice

The need for an injunction and the urgent need for an injunction to be put in place before the perpetrator is told about your application are two separate questions.

It’s important to keep this distinction in mind. Make sure you answer both questions.

Wherever you can, clearly set out why you consider it appropriate for an injunction to be made without notice to the defendant. At the very least, you need to cover this in your witness evidence (see rule 65.43 of the CPR).

But it’s often worthwhile explaining your reasons in a covering letter to the Court and in any email you send with your application. By doing so, you make it as easy as possible for court staff to identify the urgent nature of the case.

You also increase the chances of the judge appreciating that you have considered the gravity of asking for a without notice injunction. After all, the defendant is (initially) not being given the chance to know of the allegations and put forward their side of the story.

Remember also that, on an application for a without notice injunction, you have a duty to tell the Court everything you know – that includes the information that doesn’t help your case.

Do you have a query about applying for an ASBI?

We’re always happy to help. Get in touch by sending us a message using our online form . Or you can speak with one of our specialist lawyers by phoning 0117 287 0181.

Changes to Occupancy Agreements in Wales

Tue, 12 Apr 2022 16:31:33 GMT

Changes for occupancy agreements in Wales – Important update

The long-awaited Renting Homes (Wales) Act 2016 is almost here. Much time has passed since it obtained royal assent in January 2016. Implementation is just around the corner, on 15 July 2022.

Aims of the Act

The aim of the Act is to simplify the process in Wales, replacing several pieces of current legislation. It also seeks to provide clarity and flexibility around the legal framework. It also marks a clear divergence from the approach in England.

There will be two types of contracts: a standard contract for private rented landlord and a secure contract for community landlords (social landlords). New contracts will need be in place by 15 January 2023.

Changes being delivered

There is a significant shift in language with tenancies now referred to as ‘occupation contracts’ and tenants as ‘contract holders.’ However, there is much more to the Act than a change in language. We set out some of those changes below:

Written contracts are compulsory

Tenants or licensees are now referred to as ‘contract holders’ and they must have a written contract setting out key information around rights and responsibilities. The Act provides two model contract agreements, one for fixed term contracts and one for periodic contracts. Interestingly, most of the clauses within these model contracts are mandatory.

A landlord must provide the occupation contracts within 14 days of the tenancy commencing. If they do not, the contract holder will be legally entitled to withhold or reclaim the rent payable for the period they are without an occupation contract.

Provision to tackle retaliatory evictions

The Act allows provision for the Court to refuse to make a possession order, should the court be satisfied that the landlord is seeking such an order to avoid compliance with obligations under the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.

Changes to a ‘no fault’ ground for possession

The Act has included the provision of a ‘no fault’ eviction notice. However, it is much more favourable to the contract holder than the current provisions under Section 21 of the Housing Act 1988. Also, it only applies to private contracts and community/social landlords cannot use a ‘no fault’ notice.

If you are engaged in current section 21 proceedings at the date of implementation you can continue on that basis. However, after the 15 July 2022, social landlords will not be able to obtain possession using a no-fault ground. The Act has been designed to encourage landlords to rely upon the most appropriate ground for possession and allow the ‘contract holder’ the ability to defend such an application should they feel that it is unfair.

The private landlord can bring a periodic standard contact to an end by giving the contract holder not less than 6 months’ notice. Furthermore, the notice cannot be served in the first six months of the contract. This affords the contract holder a guaranteed 12-month occupation under a periodic contract. Also landlords cannot serve another ‘no-fault’ notice within 6 months of any previous one.

There are transitional provisions which apply different notice periods for existing tenants. For example, existing tenancies that become periodic contracts holders once the Act comes into force will retain a notice period of a minimum of two months, with notice not being allowed to be given in the first four months of the contract.

Other notice periods

On the grounds of anti-social behaviour, you will still be able to issue proceedings immediately after the notice is served. On the grounds of non-payment of rent, you may issue proceedings one month after the notice is served or if the arrears are more than 2 months’ rent liability, after 14 days of the notice being served.

There are some changes to other grounds for possession too. No provision has been brought forward for many of the mandatory grounds which currently exist in Schedule 2 of the Housing Act 1988.

Fitness for Human Habitation (Wales) Regulations 2022

The Act brings into force the Fitness for Human Habitation Act (Wales) Regulation 2022 upon implementation. One key change here is to electrical safety condition report.

From the 15 July 2022, the Act makes it a requirement that the landlord has an electrical safety report. The report can last up to a maximum of five years and will apply to all new occupation contracts after implementation.

For those tenancies that existed prior to the 15 July 2022, the Landlord will have 12 months to comply with these new regulations.

Changes made to the contract and right of succession

The Act is more flexible than the current provision in making changes to the contract, with changes to the contract holder being easier to make, with no new agreement needing to be put in place.

The right of succession on the death of the contract holder is provided for, however, it can be expressly excluded.

Next steps

As the implementation date approaches all landlords should start to review their tenancies held in Wales and ensure careful drafting on new occupation contracts to ensure compliance. Planning should also begin in transitioning existing tenancies over to occupation contracts in order to meet the January 2023 deadline.

Consideration of the Public Sector Housing Duty – can it be remedied?

Sun, 30 Jan 2022 18:47:59 GMT

Metropolitan Housing Trust Limited v TM [2021] EWCA CIV 1890

In a claim for possession, Metropolitan Housing Trust (MHT) sought a possession order against their tenant, TM. TM was an assured tenant in supported housing and he suffered from schizoaffective disorder and treatment-resistant paranoid schizophrenia.

MHT sought possession because of a several incidents of anti-social behaviour including exposing himself to a female resident and also seriously assaulting a carer. TM did not have capacity to conduct litigation and his father acted as his litigation friend in defending the possession claim.

TM defended the claim on the basis that MHT had not complied with its duty under Section 149 of the Equality Act (often known as the Public Sector Equality Duty or PSED for short).

At the initial Trial of the claim, MHT were granted possession and, the defences raised (including the PSED) were dismissed. The Trial Judge did however stay the enforcement of a possession order until a later date in order to try and find him suitable alternative accommodation because of TM’s vulnerabilities.

Consideration of the PSED

MHT had considered the PSED before proceedings initially began.

TM’s defence also relied on the fact that MHT should have re-assessed the PSED once they had a further expert report, which was obtained whilst proceedings were ongoing. This was on the basis that the PSED is a continuing duty. There were other defences raised but this was the one which was considered in more detail on appeal.

During the course of the first Trial, MHT’s Anti-Social Behaviour Officer was cross-examined about this and concluded that he would have made a different decision about continuing with the claim if he had known of the expert’s report. The Trial Judge held that the reassessment in the witness box counted for the purposes of the PSED and, despite the ASB Officer's comment about a change of approach, the Trial Judge found that the assessment had been carried out and allowed possession on this basis.

Appeals

There was then an appeal to the High Court on the basis of a breach of the PSED, the High Court dismissed the appeal. This led to a Trial in the Court of Appeal.

The Court of Appeal decided that the PSED needed to be carried out with an open mind and accordingly, it was not possible for a witness at Trial to approach this question in a fair way. Accordingly, the fact that there had been a reassessment in witness evidence at Trial could not stand. The Court of Appeal also commented on the juxtaposition between the ASB Officer's concession in the witness box about not continuing with the claim, and the original Trial Judge's finding that MHT had complied with the requirements of a PSED assessment and that they would have continued with proceedings in any event on that assessment.

The appeal in the Court of Appeal was accordingly upheld.

Conclusions

Although this decision went against MHT, and tenant advisors may rely on this decision to support advancing further PSED defences, it should be noted that the facts of this case were very specific. This is especially true about how and when the PSED was reassessed by MHT.

It has been established law for some time that the PSED is a continuing duty, and if pertinent new material arises there should be a reassessment. This case illustrates that the closer to Trial this reassessment takes place, or if it does not take place until Trial, the more likely the Court is to find that it was not considered with an open mind.

However, it is also worth nothing from this judgment that the Court of Appeal said that a breach of the PSED before proceedings is not an automatic defence to possession claims, especially where it can be proven that any defect would not have had a material effect on the decision made.

Housing providers should ensure that changes in their knowledge of the tenant/defendant’s disability or vulnerabilities should prompt a fair reassessment. Any such reassessments should not be left until the Trial.

Notice Periods and ASB: 5 Keys facts for ASB Awareness week

joegwarren@hotmail.co.uk (Joseph Warren) — Mon, 19 Jul 2021 08:06:42 GMT

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.

Changes to Civil Procedure Rule 81 – Contempt applications and proceedings

joegwarren@hotmail.co.uk (Joseph Warren) — Thu, 01 Oct 2020 14:15:16 GMT

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.

Top-tips for Access injunctions during the pandemic

Wed, 16 Sep 2020 10:08:17 GMT

Access Injunctions - Top Tips

Issues with access are not new for housing providers. However, the pandemic, and resultant lock-down, have increased the amount of instances of access not being granted for essential appointments; sometimes where they involve serious health and safety concerns.

Below are our top tips for access injunctions and how to present the best evidence to show you need access even during the pandemic:

• Include details in your witness evidence on the age of the occupants, details of dependants and any known vulnerabilities or illnesses.

• Confirm whether you know anything about how Coronavirus may have impacted on the tenant's decision not to allow access.

• Describe what protection your contractors are putting in place (PPE etc) and how this has been communicated to the tenant.

• Include details of all of your contact with the tenant and how alternative arrangements have been attempted.

• Emphasise why this property/occupant is at especially high risk without access being given.

• Make reference to the Health and Safety Executive/Gas Safe Guidance that essential works and servicing in tenanted property should still go ahead at the moment, subject to a risk assessment.

• Where the tenant or occupants are vulnerable but access is still required, discuss with a manager whether to proceed and evidence any note of your discussion to show why proceeding to court is justified and proportionate in all of the circumstances of the case.

At the moment, any template witness statements you may have used prior to the pandemic may accordingly need updating. They will need more detail than they previously did in order to satisfy a Judge why access is needed and that the occupants are sufficiently protected during any appointment.

Coronavirus – Repairs and health and safety checks in social housing

joegwarren@hotmail.co.uk (Joseph Warren) — Tue, 12 May 2020 16:45:37 GMT

1. What repairs should be carried out?

Following the Coronavirus crisis, the government has issued guidance to Landlords on what works should be carried out and which should be avoided. This guidance is accessible here .

The guidance encourages that both the landlord and tenant take a common-sense approach and agree to delay non-urgent works.

The list of works the government consider urgent, which should still be addressed, are:

An issue with the structure of the building, such as a roof leaking;
The breakdown of a boiler,
Where there are plumbing issues, meaning there are no washing or toilet facilities;
If the landlord is responsible for white goods (such as a fridge or washing machine) and these have broken down;
If there is a broken window or door which impacts on the security of the property;
If equipment relied on by a disabled person (and supplied by the landlord) requires installation or repair.

Where repairs are carried out in this period, the landlord should ensure that contractors work in a way to reduce virus spread by: avoiding contact with the tenant, working in a separate room if possible and cleaning after their visit.

2. Gas safety checks

In relation to gas safety checks, both the Health and Safety Executive and the Government have given guidance on what a landlord should do.

The Health and Safety Executive and Gas Safe’s guidance is that there is a balance to be had in relation to ensuring that tenants are protected from possible fatal risks (such exposure to carbon monoxide or due to a gas explosion) whilst also protecting people from the spread of the virus.

Where it is not possible to carry out a gas safety check, the landlord should show that they have taken all reasonable steps to carry out the service. It further says that all gas safety checks should not be delayed as that increases the risks to tenants.

The guidance concludes that each property/tenant should be considered on a case by case basis taking into account risk factors. These risk factors include the age of the appliance, where Carbon Monoxide detectors are present and whether there is a history of breakdowns.

Gas Safe provide example scenarios to cover whether tenants or their households are self-isolating, shielding or social distancing. The Gas Safe guidance can be found here .

The Government’s guidance can be found here and is on similar lines to that of the HSE/Gas Safe. It does suggest that if someone is socially distancing then a gas safety check can still be carried out by that person shutting themselves in a different room until the engineer has gone and for the engineer to wipe down all areas where they have been working.

What is important for Registered Providers of Social Housing is to ensure the Regulator of Social Housing is kept informed of any non-compliance due to non-access. The Regulator has stated that it will be flexible in their approach to non-compliance – it is important that a Provider can evidence the steps they have taken to try and comply.

Should you have any queries please drop us an email or give us a call on 0117 287 0181 .

Coronavirus and Housing Management – Changes to legislation, Court practice and policy

PAR002_123@heg.com — Mon, 20 Apr 2020 07:01:25 GMT

Information about the changes to legislation, Court practice and policy due to the corona virus that affect housing management.

1. Changes to legislation

The Coronavirus Act 2020 made important changes to notice periods for Section 21 Notices and Section 8 Notices (NOSP). In both cases, a 3-month notice period now applies before possession can be sought. The housing section of this Act can be found here .

To run along side that, the prescribed format of these notices has been changed and must be used in all circumstances, they can be found here .

2. Court practice

Many of you will have been in touch with your local courts to confirm what their arrangements are. Some of the smaller courts are currently closed with matters being transferred to neighbouring areas.

The Lord Chief Justice has made the following direction in relation to County Court cases:

4. No hearings which require people to attend are to take place in any County or Family Court until further notice, unless there is genuine urgency and no remote hearing is possible. All cases currently being heard should be adjourned part heard so that arrangements can be made, where possible, to conduct the hearing remotely.

Possession claims

On 27 March 2020, the Lord Chief Justice also put in place a new Practice Direction for civil procedure which puts a ‘stay’ of 3 months on all possession proceedings, no matter what they relate to or when they were commenced.

The new practice direction can be found here .

Injunctions

The new practice direction confirms that this does not affect injunctions. Injunctions tend to be urgent but, at the moment, you may wish to take to court only those which are the most urgent e.g. involving violence or threats. Again, it is best to call the local court and find out their arrangements. A without notice injunction could be done by telephone (as it is just the Judge and you/your solicitor) and the return date set for further in the future or to be by telephone if the defendant is able to attend in that way.

We have already seen an increase in the need for urgent injunctions during the crisis; many are linked to people failing to socially distance themselves or putting others at risk.

Notices about to expire

You may have notices which are about to expire even with the 3 month extension that is in place, e.g. Section 8 NOSPs or Section 21 notices served long before the current crisis.

If this is the case, you may want to start the Court claim. Courts are still issuing possession claims and then immediately staying them. Carrying out this procedure will ensure you do not have to re-serve a notice or that a Starter tenancy is allowed to convert by letting the notice expire. It may also help avoid your claim getting stuck in a backlog at the court once the moratorium comes to an end.

3. National Housing Federation guidance and policy decisions

The National Housing Federation recently stated that "no one in a housing association home will be evicted due to coronavirus. If you are concerned about your ability to pay, please contact your housing association who will want to support you".

This statement suggests that action will not be taken by any HA for rent arrears, although it is open to interpretation on whether that means all arrears or just arrears arising because of coronavirus (which may be difficult to establish).

We strongly recommend that a policy on notices and evictions is developed by each association in view of the comments by the NHF. If you are challenged on taking any action (whether now or after the moratorium) then you will be able to show compliance with your policy.

Such a policy might cover:

Whether you will serve notices at present.
If so, in what situations (e.g. ASB only).
If you do proceed with any rent notices/claims what you will do to establish if the arrears are caused by coronavirus.
Whether you will agree to adjourn all ongoing court cases and evictions. If so, for how long.
How you consider particularly vulnerable groups of tenants in view of this policy.
A review date to revisit the policy.

It is likely that any association would be heavily criticised for not having a policy in place to deal with this issue and for not changing how and when it serves possession notices at the current time.

Should you have any queries please drop us an email or give us a call on 0117 287 0181.

Cobb Warren Updates

New Assured Tenancy Forms and Information Sheet for Market Rent tenancies

New Regulations - Written Statements and Information Sheets for Assured tenancies

Renters Rights Act 2025 - CobbWarren's guide for Social Landlords

1. The abolition of fixed term tenancies

2. The abolition of Assured Shorthold tenancies

3. Amended Grounds for possession

3.1 Notice periods

3.2 New Grounds for possession

3.3 Amended Grounds of Possession

4. Updates to Court considerations for ASB

5. Changes to rent increase procedures

6. Prohibition of rent in advance

7. Changes to Notices to Quit from tenants

8. Shared Ownership leases

9. What about pets?

10. Commencement – when does this all apply to Social Landlords?

11. Written Statements and Information Sheets

ASB Statutory Guidance published - September 2025

ASB Case Reviews: updated statutory guidance

1. Promotion of the ASB Case Review process

2. Accessibility of the ASB Case Review process

3. Victim inclusion and support

4. Single Point of Contact (SPoC)

5. Independent Chair

Conclusion

Awaab’s Law – Coming on 27 October 2025

Another look at hoarding? - Thiam v Richmond Housing Partnership

Thiam v Richmond Housing Partnership – Another look at Hoarding?

What the Crime and Policing Bill has in store

What the Crime and Policing Bill has in store for ASB and Housing Providers

Are you prepared for Awaab's law

Are you prepared for Awaab's law?

Pitch fee increases and exceptionally high RPI/CPI

Positive Requirements in ASB injunctions

Newsflash - Renters' Rights Bill 2024

Newsflash - Renters' Rights Bill 2024 ﻿

Responding to the riots: what powers do Housing Associations have?

Responding to the riots: what powers do Housing Associations have?

What are the 3 elements for using this Ground?

What’s classed as a riot?

It’s important to note two further points:

Other potential grounds of possession

Forced Access Oh No You Can’t – Oh Yes You Can!

CobbWarren Ranked in Chambers & Partners for First Time

The Chambers UK Legal Guide 2024 was released today – with a familiar name making its debut appearance.

Quotes

Renters Reform Roundup for Registered Providers

1. Farewell, fixed-term tenancies

2. Adieu, assured shorthold tenancies

3. So long, starter tenancies

4. Greetings, extended grounds for possession

New mandatory grounds

Changes to existing mandatory grounds

Discretionary grounds

5. Good day, new notice periods

Notice of seeking possession

Notice to quit

All change? Watch this space

Noise Complaints: Getting to grips with the Housing Ombudsman’s recommendations

1. Getting the framework right

2. Prevention is better than cure

3. Handling a noise report

Triage

Respect

Timeliness and communication

Not losing sight of noise

5 Top Tips for Applying for an Anti-Social Behaviour Injunction

5 Top Tips for Applying for an Anti-Social Behaviour Injunction

1. Take a broad view of when you can act

2. Follow the CJC’s pre-action process

3. Get specific with your terms

4. Consider asking for positive requirements

5. Be clear on without notice

Do you have a query about applying for an ASBI?

Changes to Occupancy Agreements in Wales

Consideration of the Public Sector Housing Duty – can it be remedied?

Notice Periods and ASB: 5 Keys facts for ASB Awareness week

Changes to Civil Procedure Rule 81 – Contempt applications and proceedings

Top-tips for Access injunctions during the pandemic

Newsflash - Renters' Rights Bill 2024