Housing Webinar Material

Ben Chataway (chair) Daniel Clarke and Marie Paris will be discussing the impact of the cost of living crisis on possession proceedings. The speakers will be offering guidance on how to challenge rent increases, maximise clients’ incomes through welfare benefits and homelessness prevention funds, and defend difficult claims involving high arrears.

Full webinar recording can be found here.

The slides are available here.

Zia Nabi, Ben Chataway and Alice Irving provide an update on recent judicial reviews challenging allocations policies and discuss issues arising such as:

• Time limits for bringing a challenge

• Is a challenge rendered academic by the allocation of accommodation?

• What are the rules of interpretation of a policy?

• How may the duty to give ‘reasonable preference’ be satisfied?

• How may the Equality Act 2010 be utilised and what evidence is required?

• What is the utility of Article 14?

• Can damages be claimed if the policy is unlawful?

Full webinar recording can be found here.

The slides are available here.

November 2021 saw the end of the ‘Overall Arrangements for Possession Proceedings’ which followed the stay of proceedings during the Covid-19 pandemic. In this seminar David Carter, Marie Paris and Daniel Clarke (chair) looked at the return to procedural normality, together with recent developments in the case law, including Clarion Housing Association Ltd v Carter [2021] EWHC 2890 (QB), Global 100 v Laleva [2021] EWCA Civ 1835, Liddiment v Hull [2021] EWHC 3418 (Ch), Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890, Croydon v Kalonga [2022] UKSC 7, London & Quadrant Housing Trust Ltd v Stokes [2022] EWHC 1120 (QB), Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40, Lees v Kaye [2022] EWHC 1151 (QB).

The slides are available here.

Full webinar recording can be found here.

In this session, John Hobson and Alice Irving gave practical guidance on:

• Funding adaptations, including (but not limited to) a discussion of Disabled Facilities Grants and the new DFG Guidance for Local Authorities published on 28 March 2022.

• Obtaining consent from landlords for adaptations, with reference to key provisions in the Equality Act 2010.

The session was chaired by Martin Westgate QC. Followed by a Q&A.

Full webinar recording can be found here.

Housing and social welfare practitioners often encounter clients in urgent need of assistance, such as those facing imminent street homelessness. Sometimes, it will be necessary to make an urgent application for interim relief to the Administrative Court. However, as illustrated most recently by the Court’s judgment in DVP v Secretary of State for the Home Department [2021] EWHC 606 (Admin), the procedure must be approached with real care.

This seminar provides practitioners with a practical guide to deciding when such an application might be appropriate and, if so, how it should be done.

David Carter and Daniel Clarke of DSC’s Housing and Social Welfare team are pleased to be joined by Diane Astin of Deighton Pierce Glynn, to share insights from her extensive experience of practice as a solicitor in housing and public law.

Full webinar recording can be found here.

Slides can be found here. 

Dominic Preston and Marie Paris present Doughty Street’s annual review of developments in homelessness law. The webinar includes the end of ‘Everyone In’, the introduction of the Domestic Abuse Act 2021, changes to eligibility and recent decisions on Pt VII of the Housing Act 1996 by the higher courts. 

Zia Nabi chairs the discussion.

Full webinar recording can be found here.

Slides can be found here. 

The Housing and Social Welfare Team held a webinar on the 12th May to discuss the cases of R (Elkundi) v Birmingham and R (Imam) v Croydon, a landmark judgment on the main homeless duty, handed down on 4th May 2022. Counsel instructed spoke and discussed what the court decided and what lessons we can learn for future cases.

Zia Nabi (for Mr Elkundi and others, together with Joseph Markus at GNC) instructed by Mike McIlvaney at The Community Law Partnership and Martin Westgate QC and Sarah Steinhardt (for Ms Imam) instructed by Polly Glynn at Deighton Pierce Glynn successfully acted in these appeals, judgment on which was handed down on 4 May 2022.

Read more about this case here.

Full webinar recording can be found here.

Chair: Daniel Clarke

Speakers: Sophy Miles, Marie Paris

Housing lawyers frequently encounter clients they suspect may lack mental capacity to conduct the relevant proceedings. Sometimes resolving these issues will be straightforward. Often it will not. Various procedural and ethical issues may arise in relation to the determination of the issue, particularly where the client does not accept that there is any issue as to their capacity and/or does not cooperate with attempts to obtain expert evidence. Equally, there are cases where difficult substantive issues arise, such as where the client’s cognitive abilities are apparently intact but their decision-making is impaired by paranoid delusions, compulsive disorders or addiction.

In this session, Marie Paris, bringing insight gained from her front-line work as a Law Centre duty adviser before coming to the Bar, will examine the practical difficulties that may be faced and some of the ways in which they might be addressed. Sophy Miles, a Court of Protection practitioner, will consider the substantive issues of mental capacity law that may arise.

Full webinar recording can be found here.

Slides can be found here. 

Launch of the second edition of Supported Housing and the Law. The authors, Sue Baxter, Helen Carr and Dave Cowan, are in conversation with Sue James, LAG's chief executive, discussing the major issues affecting the supported housing sector with a focus on how to deliver good quality services and improve tenancy management for vulnerable tenants.

Sue Baxter is a leading housing professional with over 30 years’ experience in the supported and social housing sector. Her experience ranges from managing specialist provision, including domestic abuse and complex needs, to working for large registered providers.

Helen Carr is a professor at Kent Law School and sits as a fee paid judge of the First-tier Tribunal (Property Chamber). Her research interests are housing, homelessness and social care.

David Cowan has been professor of law and policy at the University of Bristol Law School for nearly 20 years. He has researched and written widely on housing and homelessness issues and practises as a barrister at Doughty Street Chambers, where he is an associate member.

ABOUT THE BOOK

Supported Housing and the Law is a highly practical and accessible handbook to the law of England and Wales relating to the supported housing sector. It offers guidance on how to deliver good quality services and improve tenancy management. By promoting best practice models for the provision of housing, care and support, this book aims to support providers to empower vulnerable tenants to live independently and enjoy a good quality of life.

The book is helpfully divided into three main sections covering: the background and regulatory framework; law and practice; and procedure. Each chapter is clearly and consistently set out with key points and summaries and case studies are used to illustrate the legal issues being covered.

Contents include:

• What is supported housing?

• Regulating and managing organisations

• Regulating property

• Keeping property in repair – private law responsibilities

• Homelessness

• Status and security

• Paying for supported housing

• Occupancy agreements

• Going to law

• Anti-social behaviour and crisis management

• Possession proceedings

• Coronavirus

Supported Housing and the Law is required reading for housing and support providers including registered social landlords, managing agents, advice agencies, housing associations and legal practitioners concerned with improving practice in tenancy management for the benefit of vulnerable tenants. It should also be an invaluable resource for tenants and their advocates empowering them to ensure that they receive quality services.

Full webinar recording can be found here.

Possession proceedings are an increasingly complicated affair. The global pandemic has caused confusion and opportunity for defence lawyers. David Carter, Sarah Steinhardt and Jim Shepherd will be reviewing the law and offering tips on tactics.

Full webinar recording can be found here.

Slides can be found here.

On 9th February 2021, Martin Westgate QC, Simon Cox and Donnchadh Greene analysed the changes to eligibility rules post Brexit and advised on who’s in and who’s out and considering the options available to the homeless who don’t make the cut under the new rules. This webinar was chaired by Marisa Cohen.

Full webinar recording can be found here.

On 1st February 2021, David Carter and Ben Chataway looked at appeals flowing from the Homelessness Reduction Act and in particular appeals relating to Personalised Housing Plans and the prevention and relief duties. The webinar was chaired by Sarah Steinhardt.

Full webinar recording can be found here.

On 26th January 2021, Alice Irving and Dominic Preston picked out recent legislative and case law developments and provided updates from the highlights of the last 12 months. The webinar was chaired by chaired by Daniel Clarke.

Full webinar recording can be found here.

In its first 10 years the Equality Act 2010 has made a significant contribution in the field of housing. The Act has become particularly well-established in some areas. In others, however, the Act’s potential remains less well-explored.

In these two seminars, members of Doughty Street’s Housing and Social Welfare team will consider four possible areas for future development: (i) indirect discrimination against tenants and potential tenants, (ii) landlords’ responsibility for victimisation and harassment, (iii) positive action in housing and (iv) discrimination claims in homelessness cases. Part 2: Positive action in housing, and discrimination in homelessness cases.

Speakers: Zia Nabi (Chair), Sarah Steinhardt, Ben Chataway

In the recent case of R (Z) v Hackney [2020] UKSC 40 the Supreme Court considered the lawfulness of a housing association reserving its stock to address the disadvantages faced by the Orthodox Jewish community in Hackney. Sarah Steinhardt will look at ways in which the principle of positive action might be applied in the housing context. Although the Supreme Court decision in Hotak v Southwark LBC [2015] UKSC 30 firmly established the importance of the public sector equality duty in homelessness appeals, the Court of Appeal’s decision in Adesotu v Lewisham LBC [2019] EWCA Civ 1405 appeared to close the door on arguments relating to discrimination. Ben Chataway will consider the scope for further developments in this area.

Full webinar recording can be found here.

In its first 10 years the Equality Act 2010 has made a significant contribution in the field of housing. The Act has become particularly well-established in some areas. In others, however, the Act’s potential remains less well-explored.

In these two seminars, members of Doughty Street’s Housing and Social Welfare team will consider four possible areas for future development: (i) indirect discrimination against tenants and potential tenants, (ii) landlords’ responsibility for victimisation and harassment, (iii) positive action in housing and (iv) discrimination claims in homelessness cases.

Part 1: Indirect discrimination against tenants, and landlords’ liability for victimisation and harassment

Speakers:  Alice Irving (Chair),  Daniel Clarke and John Hobson

Although there have been a number of cases considering tenants’ defences to possession claims on the basis of disability discrimination under section 15 EA 2010, there have been relatively few cases considering other types of discrimination. Daniel Clarke will consider how arguments relating to indirect discrimination under section 19 EA 2010 might be used by tenants and potential tenants. Anti-social behaviour within the housing context raises many challenges. Alongside the common law and a mosaic of statutory provisions concerning the rights of landlords and tenants alike, John Hobson will explore what the Equality Act 2010 might bring to matters of harassment and victimisation.

Full webinar recording can be found here.

This one-hour seminar will cover what is likely to happen with new and old claims for possession after the stay is lifted on 20 September 2020. It will focus on (i) the impact of COVID on defences (ii) HMCTS’ new listing policies, including “R” dates; and (iii) Practice Direction 55C – how it works and how to deal with it.

Speakers: Dominic Preston, Ben Chataway, Alice Irving.

Full webinar recording can be found here.

Slides can be found here.

The stay on possession proceedings is about to be lifted, and the first cases to be heard are likely to be warrant cases. The county courts are anticipating a deluge of cases and housing practitioners will be at the sharp end of trying to keep clients in, or return them to, their homes.

Sarah Steinhardt, Alice Irving and Jim Shepherd looked at potential strategies to avoid eviction or to reinstate those already evicted.

To access the slides, please click here.

To access the recording, please click here. 

Zia Nabi and Sarah Steinhardt consider damages claims in a webinar chaired by our newest member of the Housing Team, Alice Irving.

When can homeless applicants seek damages against housing authorities under the Equality Act 2010 or the Human Rights Act 1998?

When can damages be recovered in possession proceedings under the Equality Act 2010 and what is the range of awards?

Following CN v Poole, can a claim ever be brought in negligence?

Full webinar recording can be found here.

On 27 March 2020, the Government instructed local authorities to provide temporary accommodation for anyone sleeping rough or at risk of rough sleeping, in order to protect them from the COVID-19 pandemic. As a result, it is estimated that over 15,000 rough sleepers were accommodated. The Government has subsequently announced additional funding for longer term accommodation to prevent those accommodated from returning to the streets as the lockdown is lifted.

In this seminar, Dominic Preston and Daniel Clarke of Doughty Street’s Housing and Social Welfare Team are joined by Bex Pritchard, Director of Services at Crisis, to consider the options now available to those who have been accommodated, the breadth of the scheme and the legal issues that might arise for those wanting to take advantage of the scheme and for those who might be excluded from it.

Full webinar recording can be found here.

Slides can be found here.

It would be easy to forget that, during lockdown, the higher courts continue to determine cases which are of significance importance to those with a need to access and maintain housing.

This seminar, chaired and moderated by Sarah Steinhardt, will look at the developments in housing law since lockdown began: Dave Cowan will look at developments in the law on possession, while Zia Nabi will take us through the developments in homelessness. We will also hear from Sue Baxter, a supported housing guru, on the challenges faced in that sector during lockdown.

Sue Baxter is a social housing advisor, consultant and trainer.  She is a leading housing professional with over 30 years’ experience including 16 years of senior management experience with Registered Providers and 15 years of training and policy development for national umbrella bodies. She has a proven track record of change management, service improvement and development across a range of service settings including homelessness services. She is currently the Facilitator for Supported Housing in Partnership a membership group for RPs providing supported housing.

Sue is also a well-respected expert in the area of improving quality in housing management and support. She has provided consultancy projects at a strategic, operational and frontline level for housing providers and also for national and local government.

Sue is also the co-author of LAG’s Supported Housing and the Law, which is currently being updated for publication in 2021.

Full webinar recording can be found here.

Speakers: Martin Westgate QC, Lindsay Johnson and Jamie Burton

We will be joined by a guest speaker Laurie Macfarlane.

Laurie is an economist and writer based in Edinburgh. He is currently economics editor at openDemocracy and a fellow at the UCL Institute for Innovation and Public Purpose, New Economics Foundation and Democracy Collaborative. He is the co-author of the critically acclaimed book 'Rethinking the Economics of Land and Housing.

The suspension of possession claims during the Covid-19 outbreak provides an opportunity to reconsider how residential property is managed. A debate rages on social media on how the housing system emerges from this crisis. Doughty Street is pleased to host a live debate which we hope will lead to some novel discussion and practical conclusions to feed into the national debate. With speakers advocating positions from a return to the status quo all the way to a radical rethink on tenure, and a presentation on the research undertaken by the Institute for Public Policy Research this promises to be an event not to be missed. Join us. Join the debate.

Full webinar recording can be found here.

Balancing the absolute requirement for Pt 7 accommodation to be suitable with the need to self isolate and shield is an almost impossible task.

Join us for our latest of Webinars, where Sarah Steinhardt and Lindsay Johnson will revisit the current state of the law and look at the effects of the current public health crisis on the question of suitability before Jim Shepherd leads a Q&A and discussion.

Full webinar recording can be found here.

Martin Westgate QC and John Hobson considered the implications of the coronavirus pandemic for tenants/occupiers and those representing them. In particular, the session considered the changes to possession claims introduced by the Coronavirus Act 2020, the stay of possession proceedings under Practice Direction 51Z and further issues that might arise at the end of this period.

Full webinar recording can be found here.

Slides can be found here.