Consultations

Allocation Code of Guidance consultation

The DCLG are consulting on a new draft Code of Guidance to Local Authorities on Allocation Policies.

The consultation can be found here.

The closing date is 30 March 2012.

HLPA will be making a response. Any views from members are welcome.

Nearly Legal has a comment on the draft Code here.

A new mandatory power of possession for Anti-Social Behaviour

The DCLG Consultation on ‘A new mandatory power of possession for Anti-Social Behaviour’, including the new proposals to remove the locality condition added immediately after the riots, closes on 7 November 2011.

David Watkinson is preparing HLPA’s response, He has produced a summary to assist members in their own submissions. The summary also contains requests for further information from members. The summary can be downloaded here.

Please send any responses to the requests for information included in the summary to David Watkinson, davidw@gclaw.co.uk by 4/11/2011 or latest 7/11/2011.

HLPA response to consultation on directions to the Social Housing Regulator

HLPA has responded to the DCLG consultation “Implementing social housing reform:directions to the Social Housing Regulator”

The consultation concerned the Social Housing Regulator, replacing the TSA, and the directions that should be given to Local Authorities and Social Housing providers, including guidance on the minimum length of the proposed new ‘flexible tenancies’.

HLPA’s response can be downloaded here.

HLPA response to Squatting Consultation

HLPA has responded to the MoJ consultation on reform of the law around squatting.

The completed questionnaire is here. The detailed response is here.

Squatting Consultation paper

As previously noted, the MOJ released a Consultation Paper entitled ‘Options for dealing with squatting’. The purpose of the consultation is to gather more information about the extent of problems caused by squatters, and to invite views on whether existing criminal and civil mechanisms need to be strengthened to deal with them.

We would really welcome input from HLPA members in relation to this. David Watkinson has prepared a summary of the proposals, with requests for further information. This can be downloaded here. Summary and request for information If there is an area of the consultation you feel particularly strongly about/have [... read more]

Possession and Anti Social Behaviour Consultation

The Department of Communities and Local Government has issued a consultation on amending grounds of possession for anti-social behaviour.

The original proposal was for a new mandatory ground of possession for those convicted of a second housing related offence, or breaching an ASBO or ASBI. Following the riots, the consultation was rapidly amended to include a proposal to remove the ‘locality’ condition in Ground 2 Housing Act 1985/Ground 14 Housing Act 1988 for certain ‘riot related’ offences.

The revised consultation can be found here. Closing date is 7 November 2011

HLPA will be preparing a response.

Squatting Consultation

The Ministry of Justice is consulting on ‘options for dealing with squatters’. Proposals include the criminalisation of squatting in a building.

The consultation can be found here. The closing date is 5 October 2011.

HLPA is preparing a response. Suggestions can be made to David Watkinson at davidw@gclaw.co.uk

October 2011 Legal Aid fees cut – consultation on the Order

On 13 July, the Ministry of Justice published the draft “Community Legal Service (Funding) (Amendment No.2) Order 2011. The Law Society and Bar Council have been invited to respond by 10 August. HLPA has the opportunity to feed into this process. This order is intended to implement the 10% fee cut in legal aid rates, codify barristers’ fees and reduce them by 10%, and set experts’ fees at a very low level.

Robert Latham has prepared a paper outlining the current proposals, here.

The draft order is here.

The MoJ letter setting out the basis of the consultation is here.

Members [... read more]

County Court reform – consultation response

 

HLPA’s response to the MoJ consultation paper on reform of the County Courts has been submitted and can be read here [link to .doc file].

District Heating Charges consultation response

In response to threatened Judicial Review proceedings by Pierce Glynn, the DCLG agreed to a consultation on tenant’s liability for district (or block) heating charges levied by a local authority. Such charges are not challengeable as a service charge under s.18-25 Landlord and Tenant Act 1985 by reason of s.26. Further, Housing Act 1985  s.105 provided for regulations to be made to require such service charges to be calculated and levied reasonably. No such regulations have been made. Tenants of a local authority therefore have no way to challenge the reasonableness of the charge for district heating levied, or its [... read more]