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Property Management

Our property management team can help you with:

General advice and training
We daily provide advice and training on a wide range of topics and have drafted, amended and legally approved policies, including all those required for the registration of new RSLs. We regularly advise on:

  • succession rights;
  • sub-letting;
  • altering terms of tenancy for existing tenants;
  • benefits to members and officers;
  • granting tenancies to 16/17 year olds;
  • rent setting;
  • the effect of family breakdown on tenure;
  • service charges;
  • arrears collection;
  • medication in Sheltered Housing;
  • nuisance;
  • harassment; and
  • compensation for failure to repair.

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Nuisance strategies
We have a wide experience of nuisance/breach of tenancy possession cases. Over the years we have acted on many high profile and important cases resulting in some historic successes. Our service includes advice and action on:

  • the effect of the Human Rights Act 1998
  • the use of bail conditions
  • noise nuisance
  • hearsay evidence
  • violence-related matters
  • delay with mental health issues
  • the use of the Protection from Harassment Act 1997
  • Anti-Social Behaviour Orders

We are also experienced in obtaining injunctions with a Power of Arrest and non-trespass injunctions, and liaise with the police to ensure prompt enforcement and, where appropriate, arrest.

We ensure the highest quality of service by having a written service agreement with housing barristers and bring cases on behalf of RSLs and Local Authorities across the country.

We can also help you with drafting or revising tenancy or management agreements and nuisance and harassment policies and procedures to reflect good practice on nuisance matters, and we have extensive experience of this.

If you would like a number of instruction sheets to complete please email your request to: helen.tucker@anthonycollins.com

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Arrears management

  • Rent possession actions
    We use a pre-prepared system of instruction sheets, check all instructions carefully and alert you to any potential errors or problems before issuing proceedings. Our aim is to ensure an order is made at the first hearing.

    Instructions will be issued within three working days of receipt subject to all necessary information being provided.

    » Rent arrears posession instruction sheet «

  • Warrants of possession
    We provide a standard instruction sheet to enable instructions to be sent without delay or the need for housing officers to dictate any other letters. We charge a fixed fee which includes all work carried out from receiving your instructions, making the application, notifying you of the eviction date and confirming the date with the court.

    Should a tenant apply to suspend the eviction warrant we would attend at that hearing to oppose or agree the application in accordance with your instructions.

    » Warrant instructions sheet «

  • Recovery of former tenancy arrears
    We will apply for a money judgment and deal with all available enforcement proceedings as appropriate, advising you of cases where it is not economically worthwhile pursuing a debt.

  • Forfeiture actions
    We have extensive experience of forfeiture actions particularly on shared ownership and right to buy leases, and the relationship between forfeiture and leaseholders rights with the Leasehold Valuation Tribunal.

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Managing disrepair litigation

  • S82 Environmental Protection Act 1990:

    Statutory nuisance prosecutions

    We deal with a substantial number of Section 82 cases for social landlords. We are experienced in contested trials and contested costs hearings, limiting statutory nuisance works wherever possible, and employing relevant defences where issues of access or nature of works allow.

  • S11 Landlord and Tenant Act 1985:

    Claims for damages for disrepair

    We deal with a large number of such cases at any one time. We make full use of available defences such as refusal of access, not reporting repairs, limitation periods, and advice on the use of a pre-action protocol as required by the Court Rules. We assess liability and damages at the earliest possible stage in order to avoid unnecessary legal costs, use the procedures provided by the Court Rules to your advantage, and use specialist Housing Counsel for trial who have signed our written service agreement.

  • Training
    We have carried out extensive training on disrepair claims and how to reduce risk and manage claims effectively, both in house for social landlords or with, for example, the CIOH. We have also contributed to the working party on the Housing Disrepair Pre-Action Protocol and can advise on how to implement protocol procedures.

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Tenancy agreements and licence agreements
We have drafted and advised on agreements for all types of housing - from general needs to supported housing for a wide range of social landlords. In particular we have revised and re-drafted assured and secure tenancies to take into account new legislation and Housing Corporation Guidance, have advised on the appropriate forms of rent review clause, have taken into account the implications of the Unfair Terms in Consumer Contracts Regulations and prepared consultation documents and procedures for the implementation of new terms and conditions.

Management agreements
We have drafted management agreements of every type, for single properties and groups of properties managed by other RSLs, for charitable bodies, for properties used as long term homes to those providing rehabilitation in the short to medium term, for care homes and homeless shelters and mixed tenure estates and for management of RSL stock by local authorities. Relevant examples include:

  • a successful bid by a private sector company to manage local authority stock;
  • a successful bid by a private sector company to manage local authority stock; for charities and/or for specialist RSLs to manage supported housing for general needs RSLs; and
  • a successful bid by a private sector company to manage local authority stock; for the comprehensive revision of all a number of RSLs management agreements for the SHMG review.

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Service level agreements and nomination agreements
We have extensive experience of negotiating and drafting both service level and nomination agreements in a wide range of different situations, including agreements between local authorities and RSLs, with funding issues, procedures and disputed nomination issues included, agreements giving nomination rights to third parties, tenant groups and various stakeholders in partnership projects.

Compliance issues and performance standards
We has advised on compliance issues with regulatory bodies such as the Charity Commissioners, the Housing Corporation, Companies House, the Independent Housing Ombudsman and the Registry of Friendly Societies. We deal daily with requests for clarification and interpretation of the Performance Standards.

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Housing benefit and other welfare benefit issues (Landlords Only)
We have advised and acted in relation to benefit issues, particularly Housing Benefit. Such work has included:

  • review board hearings;
  • fulfilling statutory procedures;
  • taking judicial review proceedings;
  • opposing restriction on rents;
  • challenging the Rent Assessment Committee jurisdiction; and
  • advice on when benefit is payable.

Housing management manuals and tenants handbooks
We regularly advise our RSL clients on the contents of their housing management manuals and tenants handbooks, drafting new documents and revising and updating existing documents.

For further information about our Housing Management services, please call Peter Hubbard on +44 (0)121 212 7456 or email peter.hubbard@anthonycollins.com

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