Legal

High Court considers whether housing association is public body

27 May 2016

Last year an Office for National Statistics review concluded that English housing associations should be regarded as public bodies and in September 2016 the ONS ruled that housing associations in Northern Ireland, Scotland and Wales should be similarly reclassified. Housing associations are concerned about this chan

Tagged In

Regulation, Practical tips, Case law, Legal

Houses in Multiple Occupation and Landlord Licensing - lessons from England

24 May 2016

Landlord licensing is set to be introduced for HMOs in Northern Ireland following the Assembly’s passing of the Houses in Multiple Occupation (HMO) Bill. The Bill is currently awaiting Royal assent.

Although not solely focused on private rented properties, the HMO Bill is seen as a key component in improving regulation and standards within the sector. It is hoped the Bill will provide better protection for tenants living in houses of multiple occupation.

Tagged In

Fitness, Regulation, Private Tenancies, Case law, Landlord, Legal

LEGAL: Housing Rights argues mortgage was missold

12 May 2016

Carmel Ferguson, solicitor with Housing Rights, recently assisted an elderly couple who had been missold a mortgage. Housing Rights first assisted the couple at court as part of our Housing Possession Court Duty Scheme. The adviser at court represented Patrick and Mary at court before asking Carmel and our legal team to look into the case in further detail.

Tagged In

Legal

Landlord Liability for defective premises judgment

25 April 2016

A recent Northern Ireland Court of Appeal judgment, Argue V Northern Ireland Housing Executive Neutral [2016] NICA 18 (5 April 2016) considers the provisions of the Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001.

Tagged In

Social Tenancies, Private Tenancies, Case law, Landlord, Legal

Eligibility decision not discrimination or disproportionate

20 April 2016

The UK Supreme Court recently considered issues around eligibility of certain foreign nationals for certain benefits and housing assistance.

In Samin v Westminster City Council [2016] UKSC 1 the Supreme Court dismissed the appeal which sought to incorporate a proportionality requirement into the statutory test for eligibility, and to argue that the test itself was discriminatory under EU law.

Tagged In

Minority Groups, Homelessness, Case law, Legal

Response to the Consumer Council’s consultation on its Draft Forward Work Programme 2016-17 and Corporate Plan 2016-2021

Consultation Response

March 2016

Housing Rights has highlighted the charging of fees by letting agents as a key issue for consumers, in our response to the Consumer Council’s consultation on its Draft Forward Work Programme 2016-17 and Corporate Plan 2016-2021.

Counsumer Council Response March 2016.pdf

Tagged In

Regulation, Private Tenancies, Affordability, Legal

The extent of court's discretion to stay an order for possession in mortgage arrears cases

21 March 2016

The Northern Ireland High Court of Justice decision in The Woolwich v Boyd [2015] NICh 16 , issued by Mr Justice Deeny in the High Court Chancery Division, deals with the issue of the extent of the discretion of the court in an application for a stay on an order for possession of a home; and how this discretion is exercised.

Tagged In

Repossession, Case law, Legal

Changes to Support for Mortgage Interest: The Impact in Northern Ireland

9 March 2016

Support for Mortgage Interest (‘SMI’) is a payment available to people receiving Income Support; income-based Jobseekers’ Allowance; income-based Employment & Support Allowance; and Pension Credit. These payments are vital in allowing low-income households to maintain their mortgage repayments and sustain their homes.

The next few years will see several changes to the SMI scheme, specifically:

Tagged In

Benefits, Repossession, Homelessness, Legal

Response to Report of Access to Justice

Consultation Response

February 2016

The Access to Justice report has a positive message of retaining funding for housing cases and its particular reference to protecting people’s homes. Nonetheless, Housing Rights does have a general concern that a significant group of people have been overlooked in the report. There is much emphasis in the report about preventing the loss of a person’s home; and rightly so, as prevention of homelessness is a core area of work for Housing Rights. But, as discussed in its original consultation response, Housing Rights believes that the definition of homelessness should be considered in as wide a context as possible.

Housing Rights Policy Response Report Access to Justice Feb16 .pdf