1. Will the new Antisocial Behaviour Act 2003 give associations additional powers?

    Answer:-
    In this article Lis Bradshaw looks at the new antisocial behaviour legislation coming into force on 30 June 2004. See our article headed "Antisocial Behaviour Act 2003 Part 2"


  2. Are there new rules in respect of Stamp Duty on Tenancy Agreements?

    Answer:-
    The Finance Bill 2003 which was enacted on the 10 July 2003 contains three sections which make important concessions to RSL in respect of Stamp Duty on Tenancy Agreements. See our article headed "Stamp duty on tenancy agreements"


  3. When does the new Housing Disrepair Protocol come into play?
    What does the new Housing Disrepair Protocol mean to me?


    Answer:-
    Mushtaq Khan looks at the new disrepair protocol and highlights the effects of the same upon those dealing with asset management issues. See our article headed "Pre-action protocol for housing disrepair claims"


  4. Does the landlord need to throw away goods like a sofa or a power shower left by an outgoing tenant or can they be given to the incoming tenant?

    Answer:-
    In simple terms, to retain the goods, might well retain liability. There are certain exceptions and there are procedures that can be put in place to help and protect the Landlord, details of which are set out in the article headed "Possessions left at a property after abandonment"


  5. Can a Housing Association pay off an outgoing employee rather than run the risk, expense and delay of Tribunal proceedings?

    Answer:-
    In simple terms, any such payment is unlawful under Schedule 1 of the Housing Act 1996 and is void. This is an area which is fraught with difficulties, many of which are outlined in an article headed "Schedule 1 Housing Act 1996"


  6. What form of tenancy should we grant to a young person leaving care?

    Answer:-
    Generally speaking the answer is an Assured Shorthold Tenancy with the parent or social services standing as guarantor. There are however a number of concerns, particularly issues around whether the young person is entitled to enter into any form of contract or not. These issues are discussed in an article headed "Tenancies for under eighteen year olds leaving care"


  7. Our tenant has absconded - can we change the locks and re-let?

    Answer:-
    To do so would be very dangerous indeed and could expose the Landlord to a claim for unlawful eviction or in respect of breach of quiet enjoyment. Whilst many Landlords have an abandonment procedure, they are fraught with difficulties but are balanced against the cost and delay of Court possession procedures. These issues are discussed in an article headed "Tenancy Abandonment"


  8. Can a housing association obtain an antisocial behaviour order?

    Answer:-
    From December 2002, they can! The procedure is discussed in our article headed "Impact of Police Reform Act"


  9. Are there new maternity and paternity rights coming into force?

    Answer:-
    There are a whole raft of new rights coming into force over the next 12 months, details of which are set out in an article headed "Developments in maternity and paternal rights"


  10. Is the pre-action protocol in respect of Housing Disrepair claims in force yet?

    Answer:-
    The pre-action protocol is not yet in force but details of its current state are found in an article headed See our article headed "Update on the Housing Disrepair Pre-Action Protocol"


  11. Is it right I can get a Power of Arrest attached to an injunction?

    Answer:-
    There are a number of injunction options, some of which include Powers of Arrest and some of which do not. Details of which can be found in an article headed See our article headed "Injunctions pursuant to section 152 of the housing act 1996"


  12. Why should I use mediation?

    Answer:-
    Because it is a fast and effective way of resolving a dispute, when all parties are committed.


  13. Will I have to sit in the same room as them?

    Answer:-
    At the initial meeting which will be held in the privacy of your own home the mediators will discuss with you the way forward. This can either involve a face to face meeting at a neutral venue with the Mediators present, or, the Mediators may act as 'go-betweens.'


  14. What if my neighbour doesn't want to talk to you?

    Answer:-
    Mediation is voluntary for all parties.


  15. Can't you just tell them what to do?

    Answer:-
    Mediators are not authority. Any agreement reached is by negotiation between the parties involved.


  16. When is it best to start mediation?

    Answer:-
    As early as possible.


  17. Why should I take part in mediation? I don't want to be friends with them again.

    Answer:-
    Friendship may not necessarily be restored or created, however, Mediators will assist improved communication. By reaching an agreement through mediation, in future you will be confident to deal with any issues which may occur.


  18. Will the Mediators take sides?

    Answer:-
    No, Mediators will not take sides or tell people what to do.



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