Put it in the diary

Crime and Security Act 2010

What is it?
The act introduces powers for councils and the police to seek injunctions against individuals over the age of 14 (previously 18 years) to prevent gang-related violence. Potential uses include preventing individuals entering certain areas where rival gangs may operate or from associating with certain individuals.

Why is it important?
It also introduces new domestic violence protection orders which enable police to seek temporary and immediate removal of domestic violence perpetrators from housing.

When does it kick in?
The act has been given Royal Assent but no date has been set for it to come into force.

Kay v Lambeth

What is it?
This 2006 case involved tenants in accommodation where the occupiers did not have security of tenure, arguing that an eviction would amount to a breach of article 8 of the European Convention on Human Rights (right to respect for home and family life).

Why is it important?
It established that a tenant may be able to defend a claim for possession by seeking to rely upon public law grounds using EU human rights law to challenge English domestic law, which could make possession procedures much harder.

When does it kick in?
The case has now been taken to the European Court by the occupier and has been heard. Judgement is expected shortly.

Lewisham v Malcolm and the Disability Rights Commission (Intervener) and the Equality Act 2010

What is it?
The Malcolm case clarified the courts’ position on the defence of possession cases involving tenants with mental health problems under the Disability Discrimination Act. The case ruled that if the tenant was treated in exactly the same way as any other tenant that had breached the tenancy in the same way, then the landlord’s actions would not amount to discrimination under the act.

Why are they important?
The Equality Act 2010 was passed in parliament’s pre-purdah ‘wash-up’ at the end of April but is not yet in force. It introduces a new definition of discrimination which is likely to reverse the effect of the Malcolm case. The definition states that a person discriminates against a disabled person if they treat them unfavourably because of something arising in consequence of their disability, unless the landlord can show that the treatment is a proportionate means of achieving a legitimate aim.

When does it kick in?
The legislation will come into force following commencement orders, though it’s not yet clear when this will be.

Manchester Council v Pinnock

What is it?
The original case took place in July 2009 and concerns possession of demoted tenancies - but is now being appealed. Manchester Council claimed possession from the defendant, a local authority demoted tenant. The Court of Appeal dismissed the tenant’s appeal and confirmed that the demotion procedure - reducing the security of tenure - is compliant with the European Court of Human Rights. It also confirmed that the county court is only concerned with whether the landlord has complied procedurally in seeking possession.

Why is it important?
The appeal will determine on what grounds possession orders against demoted tenants can be challenged in the county court - and could open the doors to more challenges making the process longer and harder.

When does it kick in?
The appeal is due to be heard in the Supreme Court in July but a decision might not be heard until the end of the year.

Changes to the Landlord and Tenant Act 1985

What is it?
Amendments to Section 21 of the Landlord and Tenant Act 1985 Service Charge statements to be provided to tenants.

Why is it important?
The changes - originally due to come into effect in March - will require landlords to provide regular audited service charge statements to tenants with variable service charges.

When does it kick in?
Not before 6 October.

With thanks to Angela Penn, social housing solicitor at Weightmans LLP and Hugo Stephens, social housing partner at Cobbetts LLP

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