We advise a number of Registered Social Landlords (RSLs) in Wales in respect of a broad range of legal issues that routinely need to be dealt with by RSLs.
Our level of experience in this sector ensures that a number of our departments provide specialist advice to RSLs. Examples of typical instructions that we routinely deal with are set out below.
Property
Our property department acts routinely for RSLs on all aspects of property work including:
- The acquisition of sites for development and acquisition of existing buildings for conversion or redevelopment ensuring that the transactions meet the Social Housing Grant and Strategic Capital Investment Framework deadlines where appropriate.
- Advising on compliance issues involved in disposing of surplus properties to third parties to enable redevelopment of large sites.
- Dealing with release of restrictions on title as to use and occupation and dealing with local authorities to vary Section 106 Agreements to incorporate mortgage exemption clauses.
- Sales of properties pursuant to the right to acquire scheme and shared equity transactions.
- Granting of leases on shared ownership basis, incorporating current and deferred maintenance charges and bespoke restrictions on occupation and alienation.
- Advising upon residential tenancy agreements.
Construction
Our construction team regularly advises RSL’s on a wide range of issues including:
- Procurement issues.
- Non-contentious issues surrounding standard form building contracts, professional appointments and collateral warranties and bespoke contracts and warranties.
- Contentious matters involving construction disputes both in the civil courts and in adjudication proceedings.
Property Litigation
Our property litigation team is experienced in dealing with a wide range of property related matters including:
- Possession and accelerated possession/demotion claims including the less common non-rent arrear anti-social behaviour claims and deal with cases based on all relevant “grounds” in Schedule 2 to the Housing Act 1988 and also the Housing Acts 1996 and 2004.
- Emergency and injunctive relief.
- Applications for contempt of court and powers of arrest pursuant to Section 154 of the Housing Act 1996 (as amended by the Anti-Social Behaviour Act 2003).
Employment
We also advise RSL clients in respect of various employment related matters including for example:
- Preparation and review of contracts of employment, HR policies and procedures.
- Compliance requirements and the implementation and provisions in the TUPE Regulations 2006.
- Unfair dismissal related claims.
Treasury and Finance
Our experience in advising RSL clients in respect of facility agreements and securitisation issues is substantial. We have a clear understanding of the requirements and working practices of our clients’ borrowing needs and the requirements of the various financial institutions as well as being familiar with the practices of third party legal advisors.
Governance
We regularly advise RSLs on the constitutional and governance issues relating to Schedule 1 of the Housing Act 1996 and Welsh Government determination.
We also advised RSL’s upon the restructuring and amalgamation of two RSLs and have dealt with governance related issues as well as the property security and pension issues that arose out of the amalgamation.
Additionally, we advise upon charity law, joint venture arrangements, contract law and data protection.
Ann Thomas is the lead Director and principal contact for the company’s RSL clients, having acted for RSL clients for over 12 years. Please contact Ann Thomas initially if you require any assistance.
