The deregulation measures relating to social housing in the Housing and Planning Act 2016 are going to have a more significant effect on the sector’s ethos and operation than any piece of housing legislation in the last 20 years.

The recent decision of Upper Tribunal in Various Occupational Leaseholders of Foundling Court and O’Donnell Court, Brunswick Centre, London v (1) Camden LBC; (2) Allied London (Brunswick) Ltd and others provided helpful guidance in dealing with the consultation process under S.20 where there is an intermediate landlord and occupational leaseholders.

This case was considered by the Upper Tribunal on 25 September 2015 and concerned Mr Cain’s challenge to reasonableness of service charges over the previous 12 years. This is an important case as it provides scope for limiting the leaseholders ability to challenge the reasonableness of the service charges where the leaseholder has repeatedly paid the service charges in the past. Therefore, landlords should be aware of this case, particularly with a view to limiting the scope of challenges to the service charges by their leaseholders.

This case involved the leaseholder, Mr Aviram, carrying out works to his flat, in particular replacing his boiler. The new boiler required a new vent and waste pipe to be installed. The lease prohibited works to the external walls without consent of the freeholder.

This case was considered by the Court of Appeal on 4 December 2015 and concerned a claim by the leaseholder for damages for disrepair when the leaseholder was not occupying the flat concerned for reasons unconnected to the disrepair.

Any strong antisocial behaviour (“ASB”) case, whether the remedy sought be an Injunction or possession, rests on the presentation of detailed and compelling witness evidence at Court of both the incidents of ASB behaviour and the impact upon residents.