Ward Hadaway Guest WiFi Email: guest@wardhadaway.com Password: F1rew0rk$ Housing Management Law School – Spring Term Newcastle | Leeds | Manchester
2 Housekeeping Ward Hadaway Guest WiFi Email: guest@wardhadaway.com Password: F1rew0rk$ Newcastle | Leeds | Manchester
Agenda 3 8.30am Registration 9.00am The News 10.15am Refreshment break 11.00am Deregulation Act 11.45am Networking Newcastle | Leeds | Manchester
The News John Murray, Partner Newcastle | Leeds | Manchester
Legislation and guidance: what's new? 5 » Updated guidance on anti-social behaviour powers published Newcastle | Leeds | Manchester
Legislation and guidance: what's new? 6 » Impact note on the effect of the Secure Tenancies (Victims of Domestic Abuse) Bill 2017-19 published Newcastle | Leeds | Manchester
Legislation and guidance: what's new? 7 » Building a Safer Future: Interim Report Newcastle | Leeds | Manchester
Legislation and guidance: what's new? 8 » Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill Newcastle | Leeds | Manchester
Possession of a property let on an assured tenancy 9 » Teign Housing v Lane [2018] EWHC 40 (QB) Newcastle | Leeds | Manchester
The importance of continuing review… 10 10 » Declan Ahern v Southern Housing Group Limited [2017] EWCA Civ 1934 (28 November 2017) Newcastle | Leeds | Manchester
The importance of continuing review… 11 11 » Scarville v LB Lewisham (County Court at Central London, 21 August 2017) Newcastle | Leeds | Manchester
Periodic Tenancies: are they renewed or granted? 12 12 » Walcott v Jones & Jones. Central London County Court, 15 November 2017 Newcastle | Leeds | Manchester
Housing Benefit: 13 13 » Secretary of State v Carmichael [2018] EWCA Civ 548 Newcastle | Leeds | Manchester
Human Rights: succession 14 14 » London Borough of Haringey v Simawi and another [2018] EWHC 290 (19 February 2018) Newcastle | Leeds | Manchester
Possession and section 11, Children Act 2004 as a defence 15 15 » Davies v Hertfordshire CC EWCA Civ 379 Newcastle | Leeds | Manchester
And finally… Data Protection 16 16 Newcastle | Leeds | Manchester
Health and Safety – Post Grenfell Newcastle | Leeds | Manchester
Health and Safety after Grenfell 18 18 Background: » July 2009 Lakanal House fire : 6 deaths » Coroner made a number of recommendations » Encouraging RPs to retrofit fire sprinklers in tower blocks » Government to review fire safety guidance accompanying building regulations » LACORS guidance » June 2017 Grenfell Tower fire : 71 deaths » Hackett Review » Grenfell Inquiry Newcastle | Leeds | Manchester
Health and Safety after Grenfell 19 19 » Grenfell Inquiry: Sir Martin Moore – Bick » Lines of Enquiry » Grenfell's original design, construction and composition » Whether Building/Fire Regulations were complied with » Modifications made to the building (exterior and interior) over the years and whether they were compliant » Fire and Safety measures within the building at the time of the fire » Inspections carried out » Governance, Management and fire safety. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 20 20 » Grenfell Inquiry : Sir Martin Moore – Bick » Lines of Enquiry (c'td) » Communications: » Could residents report their concerns about fire safety; » What response did they get? » Did government act upon recommendations from inquiries inquests and experts. » Examine tower block fires in other countries/ construction of affected buildings. » Cause of fire: construction, condition, other factors. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 21 21 » Could our law be better? » November 2017: “Closing the Gaps” » Shelter Commissioned Report » Law Depts of Universities of Bristol and Kent » The law relating to health and safety in homes is: » piecemeal » outdated » complex » Tenure dependent » patchily enforced Newcastle | Leeds | Manchester
Health and Safety after Grenfell 22 22 » Relevant Laws for Health and Safety in the Home » Building and Fire Safety Regulations » Main legal provisions for » fire safety being built into new/significantly modified buildings » how we manage fire risk. » Lakanal Coroner recommended regulations be clear and comprehensible to readers. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 23 23 » Building and Fire Safety Regulations » Regulatory Reform (Fire Safety) Order 2005 » common parts of multi occupied buildings /shared parts of HMOs. » Person in Control (not Fire Authority) responsible for identifying /assessing fire risk. » Previous legislation required fire authorities to certify designated premises. » Fire Risk Assessments (FRAs) » Carry out on a regular basis » again if significant changes eg alterations or extensions. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 24 24 » Building and Fire Safety Regulations » Concerns » Cost of experts » Qualifications/accreditation of Fire Risk Assessors. » Subjective process: buildings often both unique and complex. » Difficult for tenant to question /challenge quality and effectiveness of fire safety measures. » No centralised control » Chain of accountability difficult to determine » Communication re fire drills/what to do in an emergency can be patchy. » Who is accountable for failures in fire safety regulation? Newcastle | Leeds | Manchester
Health and Safety after Grenfell 25 25 » The Landlord and Tenant Act 1985 » s8 Implied terms as to fitness for human habitation. » (1) In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary — » (a) a condition that the house is fit for human habitation at the commencement of the tenancy, and » (b) an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy. » ) » . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . » (3) This section applies to a contract if — » the rent does not exceed the figure applicable in … subsection (4) Newcastle | Leeds | Manchester
Health and Safety after Grenfell 26 26 » S10 : criteria to determine fitness » Repair, » Stability, » Freedom from damp, » Internal arrangement, » Natural lighting, » Ventilation, » Water supply, » Drainage and sanitary conveniences, » Facilities for preparation and cooking of food and for the disposal of waste water; » None of these matters touch on fire safety » Rent levels in s8(4) so low (£52 per annum, £80 in London) - this law pretty much redundant. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 27 27 » s11 Repairing obligations in short leases. » In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor — » (a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes), » (b) to keep in repair and proper working order the installations in the dwelling- house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and » (c) to keep in repair and proper working order the installations in the dwelling- house for space heating and heating water. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 28 28 » Limitations of s11 » The obligation to repair creates no obligation to improve, renew or replace, unless an inherent defect will cause repeated problems. » Properties with design defects, or dangerous features posing a risk to health will not breach this legislation. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 29 29 » Housing Act 2004 » Part 1 of the Housing Act 2004 : the Housing Health and Safety Rating System (HHSRS) » Covers a variety of potentially dangerous aspects of residential property: » inadequate heating systems » dampness, condensation, and mould growth » rats, cockroaches and other infestations » broken glass, falling plaster, or dangerous or decaying stairs » faulty or dangerous gas or electrical installations » blocked drains or problems with rubbish or sewage » unacceptable noise levels » damaged asbestos » smoke fumes or gases. Newcastle | Leeds | Manchester
Health and Safety after Grenfell 30 30 » EHO determines serious hazard: duty to take action. » Tools: » hazard awareness notice – warning Landlord council aware of problem » improvement notice: Landlord to carry out repairs/improvements » Order closure of/restricting number of people who live in the property » emergency action: do repairs and reclaim costs » order to demolish the property » Buy property under the compulsory purchase rules. » Disadvantages: » Complexity » Subjectivity » lack of enforcement » not used against local authorities. Newcastle | Leeds | Manchester
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