Property regulation

Property regulation

Background

This subtopic deals with the wide powers vested in local housing authorities (LHAs) in respect of property-related issues regarding the safety and condition premises; tenant protection from unscrupulous landlords and antisocial behaviour within their area of control.

There are a broad range of matters for which the LHA has responsibility and/or powers, including:

HMO regulation

The Part 2 of the Housing Act 2004 (HA 2004) concerns the regulation of houses in multiple occupation (HMOs) introducing compulsory licensing for most types of HMOs. All HMOs are subject to management regulation. The duties are imposed on the HMO manager (the owner or lessee who collects rents from tenants or licensees) and include taking safety measures, maintaining water supply and drainage, supplying and maintaining gas and electricity, maintaining common parts, and providing waste facilities. There are two types of HMO licensing: mandatory, and additional licensing (when a local authority can impose a licensing scheme on other categories of HMOs in its area that are not subject to mandatory licensing). See Practice Notes:

•
Houses in multiple occupation (HMOs)
•
Houses in multiple occupation (HMOs)—licensing regime, and

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Local Government News

Revised National Planning Policy Framework published

Planning analysis: The government has published a revised version of the National Planning Policy Framework (NPPF). Key changes from the previous version, published in December 2023, impact green belt policy and policy on establishing housing need and housing land supply. There is also greater policy support for infrastructure and community facilities, among other changes. A consultation response, published on the same day, sets out the government’s commitments to wider changes to the planning system, including changes to the regime under the Planning Act 2008 (PA 2008) for nationally significant infrastructure projects (NSIPs), and changes to planning fees. This is a brief summary of the key changes; further analysis on the implications will follow.

Exclusions reconsideration case confirms courts focus on ‘substance over form’ (RWU v A Governing Body of A Academy)

Local Government analysis: This case challenged a Governing body's Disciplinary Panel’s (GDP) reconsideration decision not to reinstate an excluded pupil. This followed an Independent Review Panel’s (IRP) decision to quash the GDP’s initial non-reinstatement decision and direct a reconsideration. Judge Fordham dismissed all four grounds of the claimant’s application for judicial review and set out some useful findings on how the courts will approach criticisms of a school’s exclusions process. Central to the dispute were issues around Child Criminal Exploitation (CCE), the adequacy and timing of support interventions, and the legal standards for reconsideration of exclusion decisions. Schools should take comfort that the case confirms courts remain concerned with substance over form and that minor procedural and administrative errors will not lead to a GDP’s decision being quashed by the High Court. Written by Hayley O’Sullivan, senior associate at Browne Jacobson LLP.

Supreme Court says judicial review is available where alternative claims would not serve the same purpose (Re an Application by Noeleen McAleenon for Judicial Review (Northern Ireland)

Pubic Law analysis: This is an important decision by the Supreme Court in holding public law and regulatory bodies to account. The Supreme Court held that the Court of Appeal was wrong in its assessment of the claimant’s objective in bringing JR proceedings at too high a level of generality. The Court of Appeal had held that the claimant wished to achieve the result, via JR proceedings, of preventing noxious gases from escaping the refuse disposal site. The Supreme Court held that the immediate objective of the JR proceedings was a different one, to seek to compel the defendant regulators to carry out their public law duties, and not to seek direct relief from the site occupier. Written by Mirza Ahmad LLD (Hon), barrister at St Philips Chambers.

Local Government weekly highlights—12 December 2024

This week's edition of Local Government weekly highlights includes Government updates on preparations for Procurement Act 2023 go-live in February 2025 and the latest guidance documents for the Procurement Act 2023 published by the Cabinet Office. Case reports include the decisions in DF v Essex CC, challenging the refusal to provide a child accommodation; Simpson v NHS Mid & South Essex ICB, where the court dismissed a claim for judicial review against the NHS Integrated Care Board’s decision on continuing care; and Enfield LBC v Persons Unknown, where the court granted an interim injunction to prevent ‘car cruising’. This weekly highlights further includes updates on Healthcare, Social care, Social housing and Governance.

View Local Government by content type :

News