1. Anti-Social Behaviour
We were the first legal team to set
up a dedicated Anti-Social Behaviour Unit. In this time the Unit
has developed unrivalled expertise in acting with social landlords
to tackle anti-social behaviour and illegal activity within their
housing stock. The Unit provides a flexible service which can be
tailored to your needs in order to enable your anti-social
behaviour cases to be dealt with as efficiently and economically as
possible.
We regularly provide advice on the following:
- ASBIs
- ASBOs
- committals
- crack house closures
- demotions
- effective early intervention
- introductory tenancies
- notices of seeking possession
- notices before proceeding of demotion
- notices to quit
- possession actions
- premises closure orders
- starter tenancies
For full details please see our anti-social
behaviour service information
2. Housing Management
We believe that we have
unrivalled experience and expertise in this area. We advise on
housing management issues on a daily basis. Our comprehensive
knowledge of the subject matter enables us to provide practical
solutions at all times and also provide support and advice in
advance of any relevant development or changes.
Recognition from the social housing
sector of our level of expertise is evidenced by frequent
invitations to speak at sector events and seminars. The team's
lawyers have provided training events in association with
Housemark, the Chartered Institute of Housing and Community Housing
Cymru. Our expertise is also recognised nationally and we have been
invited to lecture and national housing conferences (including
barristers and solicitors), on complex matters of housing
management, tenancy enforcement and anti-social behaviour.
Hugh James social housing team will be able to
offer legal support and advice covering a wide range of housing
management issues including:
- abandonment
- allocation
- anti social behaviour
- bankruptcy
- data protection
- disability discrimination
- empty premises
- gas servicing
- homelessness
- housing disrepair
- human rights
- long leaseholds
- management agreements
- mental capacity
- minors
- nomination agreements
- notices
- policies and procedures
- rent arrears
- service charge disputes
- service occupancies
- succession
- tenancy agreements
- vulnerable tenants
Read more about our Housing Management Unit
Housing disrepair
We were also the first legal firm
to set up a dedicated Housing Disrepair Unit. The unit acted on
behalf of several Local Authorities in successfully defending
hundreds of disrepair actions from claims farmers and also deals
with cases for several RSL's.
3. Property Dispute
Resolution
The Property Dispute
Resolution team has expertise across the board in all property
related disputes. The team has extensive experience in this area
and has successfully acted in several cases on behalf of RSLs
including disputes relating to: -
- boundaries
- party walls
- rights of way
- rights of light
- restrictive covenants
- overage
- dilapidations
- business tenancy renewals
- breaches of lease terms
- rent reviews
See our property dispute resolution page
4. Regulatory
Hugh James has
a leading regulatory and criminal investigations team which advises
on compliance with the diverse and complex regulations in the
residential care sector.
We represent
Care Home Providers in relation to new applications for
registration by the Care and Social Services Inspectorate Wales
(CSSIW) and the Care Quality Commission. We also represent clients
facing investigations and prosecutions by Regulators, the Police
and the HSE.
Our lawyers
also regularly deal with PoVA issues and embargos on admissions. We
have relationships with industry leading consultants who are able
to undertake proactive audit services e.g. pre registration vetting
of plans for new builds and compliance with Care Standards and HSE
guidance as well as occupational health services.
We have also
represented Providers in investigations involving allegations of
manslaughter, assault, theft and fraud. We have advised RSL
Provider clients in relation to risk management procedures to
protect staff from potentially violent relatives visiting service
users and have also supported RSL staff who have had to appear as
witnesses in sensitive prosecutions and other court
proceedings.
Our legal services to the
Social Housing sector include:
- regulatory compliance including registration and
enforcement
- HSE and Police investigations including corporate killing,
fraud, neglect of care and assault
- Inquests
- residents and commissioners contracts
- service user complaints, PoVA referrals and medical negligence
issues
- mental health law advice, to include capacity,
confidentiality and consent issues and the operation of the
Deprivation of Liberty Safeguards
- representation at the Care Standards Tribunal
- advice on legal relationships with suppliers, including medical
equipment manufacturers, IT service providers, caterers and
suppliers of food and other products/services
- training
- First Response 24/7 emergency
telephone advice and call-out services deploying a lawyer on site
to preserve evidence and protect clients and staff during initial
questioning
See our regulatory investigations page
5. Commercial Property
With in excess of 25
years experience of acting on behalf of Housing Associations, the
Hugh James Commercial property team have developed strong and long
lasting partnerships with clients.
Hugh James draft, review
and amend all forms of occupancy agreements for all types of
housing, including leases, licences and tenancies.
Services provided include:
- contract and lease negotiations
- infrastructure and planning agreements
- landlord and tenant
- legislation and regulation advice
- options and development agreements
- planning and environmental law
- property development and acquisitions
- section 106 agreements
- site acquisition and disposals
- stock transfers
See our commercial property page
6. Finance and Banking
Hugh James delivers a
range of banking and finance services to the Social Housing sector.
Our commitment to service excellence, our pragmatic advice and our
transaction management dynamics make Hugh James a leading choice
for banking and finance related instructions. Our services
include:
- acquisition finance
- corporate banking
- debt facilities and restructuring
- project finance
- real estate finance/secured lending
See our finance and banking page
7. Construction and
Property
With the increasing
popularity of partnering / collaborative working and the move
towards social housing consortia, our experience in advising on
collaborative contracts enables us to offer sound legal and
commercial advice on the procurement of both capital projects and
longer term maintenance programmes. In this regard, we work closely
with our colleagues to provide consistent advice on issues such
as:
- Agreements for lease
- Bonds
- Building contracts – NEC/JCT/PPC 2000/TPT 2005
- Collateral warranties
- Consultant appointments
- Deeds of assignment/novation
- Development agreements
- Framework agreements
- Letters of intent
- Letters of reliance
- Parent Company Guarantees
See our construction, energy and projects
page
8. Employment
Our Employment team
adopts an innovative approach which includes integrated HR
consultancy support and training services. This ensures that
clients have sound legal and practical advice on areas such as:
- employment and pension implications of large scale TUPE
transfers
- HR consultancy
- HR legislation
- HR policies and procedures
- recruitment of HR Managers and senior members of staff
- restructures and redundancies,
- senior management disciplinary/exit strategy procedures
We have a number of housing
association and care sector clients on our annual retainer scheme.
This provides both employment law and HR support in addition to
legal expenses insurance. As a result of this we are regularly
advising client’s on a wide range of employment law issues that
arise in the housing and care sector.
This may for example involve:
- absence management
- disciplinary issues and grievances.
- issues regarding the standard of care provided
- unfair dismissal, whistleblowing and discrimination claims
- POVA
- theft from residents
See our employment service page
9. Training
Hugh James offer regular
training to our social housing clients. We can tailor
training packages to meet their requirements. We have provided
bespoke training to management, officers and board members
with examples including our annual Housing Law Conference.
More details on this year's housing law
conference
For further information
on our training provision please contact Helen Iles or
view our training
pages.