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Legal

Relevant date for Support for Mortgage Interest

19 September 2013

A recent case before the Upper Tribunal in England looked at the effective date for the backdating of Support for Mortgage Interest (SMI). SMI is a government scheme which provides assistance to homeowners facing problems meeting some of their housing costs.

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Case law, Affordability, Legal

The Superstrike judgment and its impact in Northern Ireland

12 September 2013

Chris McGrath, Solicitor at Housing Rights Service provides a comprehensive analysis of the Superstrike judgment and its impact in Northern Ireland

A recent UK court of appeal judgment concerning the protection of tenants' deposits when a tenancy becomes periodic has been the subject of much discussion.  This decision may impact on tenancy management practices in Northern Ireland.

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Private Tenancies, Landlord, Legal

Letting fees must be disclosed when advertising rental properties

12 September 2013

The Committee of Advertising Practice (CAP) has announced that, from 1 November 2013, letting fees must be disclosed when advertising rental properties. The announcement followed a ruling made by the Advertising Standards Authority (ASA) in March 2013.

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Private Tenancies, Landlord, Legal

Draft Pre-action Protocols for Social Rent Arrears Released

5 September 2013

The Lord Chief Justice believes, in cases of social housing rent arrears, it would be helpful for all parties to be aware of the steps that the court will expect to be taken before starting court action. A draft pre-action protocol setting out these steps has been released for consultation.

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Repossession, Social Tenancies, Policy, Legal

Croatian Rights to Housing and Homelessness Assistance

28 August 2013

Croatia acceded to the EU on 1 July 2013. The UK has placed restrictions on the rights of Croatian nationals to access the UK labour market by setting up a Worker Authorisation Scheme. These restrictions will last until at least 30 June 2018.

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Social Tenancies, Homelessness, Legal

Is written Notice to Quit valid if served by Email or Text

8 August 2013

To end a tenancy either the landlord or the tenant must serve a Notice to Quit.  But, can that notice be served electronically?  We’ve asked our Legal Team to investigate.  Carmel Ferguson reports.

The law regarding Notice to Quit

Article 14 Of the Private Tenancies Order 2006 states that—

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Private Tenancies, Practical tips, Case law, Legal

Adviser: Lenders charging monthly interest on arrears

5 August 2013

About a year ago a number of advisers here found some of our clients who had previously secured a Suspended Possession Order (SPO) were running up against a peculiar problem.

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Repossession, Legal, Adviser

Negative equity, possession and second charge lending

19 July 2013

Many applications for possession orders are made by lenders who have a second charge on the defendant’s home.  Carmel Ferguson, Solicitor and member of the Legal Team at Housing Rights Service, discusses the Chancery Court’s approach to these proceedings when the property is in negative equity.

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Repossession, Practical tips, Legal

Croatia joins the European Union

1 July 2013

On 1st July 2013 Croatia became the latest country to join the European Union. This means that Croatian citizens have the right of free movement within the countries included in the European Economic Area. However, the UK government has put in place provisions which will restrict the ability of Croatian nationals to access the UK labour market. These restrictions will last until at least 30th June 2018, but may be extended to 30th June 2020.

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Legal, Practical tips

Adviser: Capital rules and housing benefit

30 June 2013

Cases that revolve around capital rules and housing benefit can often be complicated.  There's so much case law that it can be difficult to know where to start.  One of my clients, Janine,  was refused housing benefit because she was named on the deeds of a property which her former partner still lived in. This was a long and complex case and involved a lot of legal research. 

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Affordability, Legal, Adviser

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