Section: Housing & Estate Management
New Regulations
Source: Office of Public Sector Information
The Electricity (Prepayment Meter) Regulations 2006 SI 2010
These Regulations enable an electricity supplier to collect sums through an electricity prepayment meter in prescribed circumstances.
The Gas (Prepayment Meter) Regulations 2006 SI 2011
These Regulations enable a gas supplier to collect sums through a gas prepayment meter in prescribed circumstances.
Ombudsmen's Annual Report
The Local Government Ombudsmen published an annual review for 2005/2006 showing that although housing cases continued to be the largest area for complaints, the number of such complaints was down.
The overall number of complaints received in 2005/06 - 18,626 - remained broadly the same as the previous year. Planning, social services and education experienced growth, while housing benefit complaints continued to decline in number.
Across all services, decisions taken in the year totalled 10,991 after excluding premature complaints and those outside the Ombudsmen's control. The Ombudsmen asked local authorities to provide a remedy in 27% of this number - the same proportion as the previous year. They recommended payments of £1.67 million - compared with £1.1 million in 2004/05.
Case Law Update
Mrs Lake successfully applied to a Family Court for an Order transferring a tenancy, which was held jointly by herself and her husband, into her sole name.
Mr Lake subsequently appealed on the grounds the Judge had been wrong to take his misconduct in the marriage into account when exercising judicial discretion contrary to the provisions of the Family Law Act 1996 Sch 7 para 5.
The Court of Appeal held that, despite the statutory language, the Judge was not prohibited from taking such conduct into account.
Lake v Lake [2006] All ER (D) 297, 20 July, CA
The terms of Basildon Council's standard secure tenancy provided that its terms could not be varied (with the exception of rent or by virtue of statutory requirements) without the approval of tenants' representatives.
The Council proposed to vary the agreement, using Housing Act 1985 ss102-103 to drop that clause, without the approval of tenants' representatives.
A claim for Judicial Review of that decision was dismissed on the grounds the Council had acted unlawfully in agreeing the initial clause because it amounted to a delegation of its powers to another body, i.e. the tenants' representatives. Therefore, the clause was not enforceable and no "legitimate expectation" could sustain it.
R(Kilby) v Basildon DC [2006] EWHC 1892 (Admin), 26 July, High Court
© Copyright 1996 - 2008 UK Housing Ltd. Housing Monthly Diary
Issue: September 2006 Reporting on July-August 2006
- Allocations & Transfers
- Antisocial Behaviour & Nuisance
- Home Loss Payments
- Homelessness & Asylum Seekers
- Housing & Estate Management
- Housing Benefit & Council Tax
- Housing Grants
- Private Sector
- Repairs & Improvements
- Right to Buy
- Security of Tenure
- Travellers and Gypsies
Quick Links
Welcome to the Legal Update
