It’s good to focus on the positive news from the sector when most of the press and social media is occupied by Brexit.

For example

• Sadiq Khan has announced  further funding in the sum of £500m for housing associations to enable them to deliver 10,000 new homes in and around London
• New Government figures show that completions rose by 12% in the 2017-18 financial year in England. The total reached 47,000 affordable homes. Do you remember when in 2015-16 affordable housing completions dwindled to just 33,000?
• The number of homes delivered for affordable rent have increased by 10,000 over the last two years and shared ownership by 7,000 in the same period.

 

The housing sector faces two major challenges in 2019. First we will begin to feel the impact of the new National Planning Policy Framework. As you know, the definition of ‘Affordable Housing’ has been updated. Minor changes have been made to the wording of the presumption in favour of ‘sustainable development’. Planning applications lodged after the unveiling of the new NPPF will be determined early in 2019 and it will be interesting to see if there is any noticeable change. Secondly, the Government will publish its report and response to the representations made across the sector to the Government’s long awaited Green Paper – A New Deal for Social Housing. I expect the Government to press for improved tenant involvement; tougher regulation; longer fixed term tenancies and increased access to shared ownership.  

In this month’s newsletter we address

1. Employment - Should housing associations be concerned at the sharp rise in Employment Tribunal claims?
2. Property – Who is liable for the maintenance of fences?
3. Construction – Modern Slavery Act

 

If you have any questions, please don’t hesitate to contact me or a member of my team.

Finally, we wish you a Merry Christmas and look forward to working with you in 2019.

Recently published figures show that the number of claims received by employment tribunals increased substantially between April and June 2018 compared to the same period last year.

The Tribunals and Gender Recognition Statistics Quarterly reported that single claims received during the quarter increased by 165% while multiple claims received more than quadrupled, rising a staggering 344%, taking them to the highest level for the last five years.

Housing associations own and develop substantial pieces of land. They want to keep trespassers out, and protect their residents and occupiers. However, fencing off land costs money, and it is not uncommon for adjoining property owners to dispute who is responsible for the ongoing costs of maintaining and repairing fences on boundaries. These disputes can increase in complexity where the relevant obligations were created some time ago and where the land ownership has changed hands.

A recent case involved just such a dispute, and the decision of the court depended in part on whether the particular obligation was an ‘easement’ or a ‘covenant’.

The Prime Minister has described modern slavery as a “barbaric evil” and “the great human rights issue of our time”. As Home Secretary, she sponsored the Modern Slavery Act 2015 which confirmed that human trafficking, knowingly holding a person in slavery or servitude or compelling him or her to perform forced labour all comprise offences. Consent may not prevent a crime occurring. It’s a problem that affects all walks of life, including social housing.