Social housing newsletter
Introduction

Welcome to the latest edition of our social housing newsletter.
 
In this edition, we remind you about The New Homes Quality Code and the actions you need to take before the end of 2022. Find out how the Code might affect you in Linda Storey and Ben Robinson's article. 
 
In our second article, we learn about the consequences of delays when landlords receive a request to assign a lease. Lucy Norton looks at a case that was featured in the national press earlier this year and how its outcome has implications for social housing landlords.
 
Social housing developers will often come across restrictive covenants on titles of potential development sites. Catherine Bradshaw looks at whether they can be enforced and refers to the recent case of Bath Rugby Limited v Greenwood and Others and its implications.
 
Finally, we've been delighted to see the sector coming together again at industry events and conferences. Earlier this month, we enjoyed meeting up with clients and contacts at the Chartered Institute of Housing’s conference in Brighton. Next month (16 June), Linda Storey is joining forces with Catherine Jarrett of Bromford to speak at the National Housing Association’s Affordable Home Ownership conference at Codenode in London. Linda and Catherine will focus on the operational challenges of rolling out the new shared ownership model. Look out for their breakout session at 1.15pm.
 
We wish you all a great Jubilee bank holiday weekend and hope you have a restful break.
The new homes quality code - are you getting ready?

Background

Developers must register with the New Homes Quality Board by the end of December 2022, and those applying will need to be aware of the independent body’s New Homes Quality Code.

Released back in December 2021, developers bound by the code, or providers wanting to ensure procedures and sales adhere to its spirit, will have to understand what is now necessary and, importantly, how this differs from previous requirements.

Registered developers agree to follow both the New Homes Quality Code and the New Homes Ombudsman Service (NHOS) when in place.

At the moment, ‘customers’ benefitting from the code are individual purchasers; shared owners and organisations buying a new home to let out are not covered, but this is under review.

Assigning a lease: the importance of acting in a reasonable and timely manner

Mainstream press coverage of Harry Rollo Gabb v Meghdad Farrokhzad [2022] EWHC 212 (Ch), unsurprisingly, focused on the parties’ wealthy lifestyles and the apparent trivialities of whether certain curtains and floor coverings were suitable for a ‘high class private residence’, and were therefore in breach of the lease. However, in reality, the facts of the case highlight the importance of landlords acting reasonably and in a timely manner when receiving a request to assign a lease and may have important implications for housing associations.
Restrictive covenants - can they be enforced?

Restrictive covenants are often encountered on the title to land earmarked for development by registered providers, which begs the question, can they be enforced? A recent case, Bath Rugby Limited v Greenwood and Others [2020] EWCA Civ 1927, highlighted the issues to be considered when a person claiming to have the benefit of a restrictive covenant seeks to prevent development which would breach the covenant.
Events

We are participating in a packed programme of events in June:
 
9 June – Hugo Stephens, our head of corporate and governance is speaking at the Housing Quality Network’s webinar: “Get on top your legal, statutory and regulatory responsibilities” The session will be whistle stop tour on everything you need to know about these areas and your responsibility.  
 
14 June – Housing Quality Network - Hearing the resident voice at board levelHugo Stephens will join a panel of speakers from Broadlands Housing and Phoenix Community Housing to discuss how housing providers are changing their approach on the back of the Social Housing White Paper.
 
16 June – National Housing Federation’s Affordable Home Ownership Conference – details above.  
 
23 June – We’ll be at the National Housing Federation’s Housing Governance 2022 conference in London and hope to see you there.
 
28 – 30 June – We’ll be at CIH Housing 2022 in Manchester and look forward to seeing you at the conference and fringe events.
 
29 June – Housing Quality Network – how to defend your organisation from cyberattacks masterclass Our team of experts in cyber security law: Joanne Vengadesan, Oliver Cooke and Gemma Woodhouse will look at cyber security from a commercial, disputes and employment perspective.
 
If you’d like to join any of the Housing Quality Network events mentioned above, please email us with the title and date of the session you’d like to attend, and we will send you details of how to obtain a special discount rate.
Contacts
Linda Storey
Partner
Social Housing
Email Linda
Ben Robinson
Partner
Property Litigation
Email Ben
Catherine Bradshaw
Senior Associate
Social Housing
Email Catherine
Lucy Norton
Case Manager
Social Housing
Email Lucy
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