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In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...
Capital Housing Association Ltd v Ealing London Borough Council and another [2025] UKUT 125 (AAC) What are the practical implications of this case? This was an atypical appeal, initially set before a three-judge UT panel on the footing that it raised a point of law of special difficulty, or an important issue of principle and practice, namely the proper interpretation of the HB Regs (SI 2006/213), regs 88 and 101. Regulation 101 addresses recovery of housing benefit overpayments, while reg 88 imposes a duty—both on tenants and on any party to whom the benefit was paid—to notify the authority of a change of circumstances. Who is the correct recovery target under reg 101 may hinge on how changes were notified pursuant to reg 88, and the panel expected a detailed analysis of the prescribed methods by which reg 88 notifications operate. In the event, however, the UT did not need to determine that precise issue, thereby removing some of the anticipated complexity...
In this issue: Key developments and horizon scanning Transferring property Leasing property Property management Residential property Environment, energy and buildings Easements, rights and covenants Property development Property taxes Property in Wales Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Key developments and horizon scanning BPF and Law Commission comment on draft Commonhold and Leasehold Reform Bill The British Property Federation (BPF) has issued its views on the draft Commonhold and Leasehold Reform Bill, warning that proposed caps on ground rents could undermine investments held by pension funds and institutional investors. It said investors who acted in good faith to meet pension liabilities should be compensated, and noted that government announcements do not address this point. While it supports parts of the commonhold package, including adjustments to funding for major works,...
This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 (ChA 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the ChA 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the ChA 1989 commenced) possessed in relation to the child’s property. Those rights extend to receiving or recovering, in the guardian’s own name for the child’s benefit, property of any description and wherever located to which the child is entitled to receive...
Types of debts to be recovered by local authorities A local authority debt recovery team manages the collection of sums owed, conducted by the in-house unit or by supervising outsourced providers, spanning numerous liabilities including the following: council tax—a household levy imposed by local authorities in Britain, determined by a property’s assessed value and the number of residents. Refer to Practice Notes: Council tax and Council Tax Enforcement non-domestic rates—also called business rates, collected by billing authorities to support local services. Refer to Practice Note: National non-domestic rates—billing recovery, exemptions and reliefs. parking fines—penalties for unauthorised parking (eg parking in disabled bays, on double yellow lines, etc), exceeding permitted time limits, or parking without a ticket sundry debts—smaller amounts linked to unpaid rents, former tenants’ arrears, funeral expenses, and overpayments of housing benefit adult social care debt—arising where a financial assessment decides a person is responsible for all or part of the cost of their care and support needs. Refer to Practice...
Loan market and developments Activity in Finland’s corporate lending space has been broadly consistent over the past decade. That said, 2019 proved more animated, with a sustained rise in corporate loan values and a widening in the overall size of the market. Market sentiment is generally regarded as borrower‑friendly... Financing structures once mainly tied to English law documentation—such as SSRCF+senior notes deals—have been adopted with growing frequency in transactions governed by Finnish law. Proportionally, the most active areas have been industrial, scientific and technical sectors, together with real estate finance... Finland’s bond market was brisk in 2018, registering a 29% uplift in total value compared with the previous year. Nevertheless, the overall rate of expansion in the bond markets is easing... Regarding forthcoming matters that may affect the loan markets, an electronic register for housing...
LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 43 NOTIFICATION OF [ ASSIGNMENT OR DEATH ] OF TENANT in relation to premises described as [ insert address of tenant’s property ] (the Flat) Addressed to [ insert landlord’s name ] [ of OR incorporated in England and Wales with company registration number [ insert company registration number ] whose registered office is at ] [ insert landlord’s address ] Issued by [ insert name of assignee or personal representative ]...
Where a long residential lease is extended under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute? A restriction entered on the register indicates that the proprietor’s power to deal with the land is constrained in some manner. Its practical effect is either to bar registration of a disposition, or to oblige the applicant to satisfy specified requirements before registration can proceed, for example by producing evidence of consent from the person entitled to the benefit of the restriction. A restriction may apply to every disposition, or be confined to a defined class of disposition. It can prevent any entry from being made permanently, for a stated period, or until a stated...
Service occupancy In England, an employee who lives in property owned by their employer to carry out their duties, and who has exclusive possession, occupies either as a tenant or as a licensee under a service occupancy (also known as tied accommodation). The distinction is significant because, under a service occupancy, the right to terminate arises when the employment ends, whereas a tenancy may benefit from security of tenure. A service occupancy is a form of licence that arises where: it is an express term of the employee’s contract of employment that they reside in particular accommodation from which they can better perform their duties (Glasgow Corporation v Johnstone); or if there is no such express term, one can be implied on the basis that it is essential, rather than merely conducive, that the employee lives in specified accommodation for the better performance of their duties...