Search by Category:

Rooftop rows: What does an imposed Code agreement mean for site providers and operators?

Lillee Reid-Hunt, Associate (New Zealand Qualified), consider the Upper Tribunal’s decision in Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust [2020] UKUT 282 (LC).  The decision provides useful guidance on what site providers and operators can expect from the terms of an imposed Code agreement, especially in relation to upgrading and sharing of equipment and ballpark consideration and

Continue reading

Curing a breach of the Public Sector Equality Duty in Possession Proceedings Slough Borough Council v Taylor [2020] EWHC 3520 (Ch)

In upholding a possession order made by Her Honour Judge Melissa Clark at Oxford County Court in May 2019, Mr Justice Zacaroli sitting in the High Court also confirmed that Slough Borough Council (the “Council”) had not breached the Public Sector Equality Duty (“PSED”) when deciding to take and continue possession proceedings against their tenant, despite the tenant’s disability.

This

Continue reading

Gender reassignment and identity – Lessons from recent cases

The law and best practice lack clarity on how employers can best support employees who are going through gender reassignment or have transitioned, ensuring that they avoid claims of discrimination.

The difference between gender reassignment and non-binary gender identities may require different treatment. In this article we examine both the law and a series of recent legal developments to provide

Continue reading

The Court of Appeal Provides Clarity for the test of a ‘Fit and Proper’ Licence Holder for Houses in Multiple Occupancy

Hussain v Waltham Forest LBC [2020] EWCA Civ 1539

Can a local authority consider the underlying conduct behind spent convictions when deciding whether a person making an application for HMO or other property licence is ‘fit and proper’? Yes – as confirmed by the Court of Appeal in this recent case upholding the earlier decision by the Upper Tribunal (Lands

Continue reading

As a new lockdown commences the furlough scheme is extended

The government has announced the Coronavirus Job Retention Scheme (Furlough Scheme) has been extended in response to the impact of the new national restrictions which will require the population to stay at home and for non-essential shops to be closed.

New National Restrictions

At the end of October, the Furlough Scheme was set to end and would be replaced by

Continue reading

Court of Appeal judgment to have major implications for local authorities

The Royal Borough of Kingston-Upon-Thames v Derek Moss [2020] EWCA Civ 1381

In a decision which will have major implications for local authorities and housing associations, the Court of Appeal has found that the Royal Borough of Kingston-Upon-Thames (the “Council”) was a ‘water re-seller’ within the meaning of the Water Resale Orders of 2001 and 2006.

The Council was appealing

Continue reading