There have been some recent updates affecting housing law. A summary of these are set out below:
Costs in Prosecutions under the EPA
In the case of Lewis v Francis and another (Costs) [2025] EWHC 238 (Admin), Mr. Lewis unsuccessfully prosecuted his neighbours under the Environmental Protection Act 1990 and was initially ordered to pay £10,123.20 in costs. The High Court overturned this order, stating that costs could only be imposed if the prosecutor's actions were deemed "unnecessary or improper," which was not found in this case. Mr. Lewis then sought to have his neighbours pay the appeal costs, and the High Court applied civil costs rules, awarding him £5,492.44. This case highlights the nuances in cost orders and the potential for civil rules to apply in exceptional criminal cases.
Civil Procedure (Amendment) Rules 2025
The Civil Procedure (Amendment) Rules 2025 (S.I.2025/106), effective from April 6, 2025, introduce significant changes:
- CPR 25 (interim remedies): A new version replaces the existing rules, aiming to simplify the Civil Procedure Rules.
- CPR 65.45: Amended to allow without notice applications to vary or discharge anti-social behaviour injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014, which includes injunctions available to social landlords.
The latter will be of particular importance to our client’s as it will allow quicker amendments to existing injunctions allowing immediate court restrictions where behaviour has escalated.
Housing Conditions
The Regulation of Social Housing Act 2023 amends the Landlord and Tenant Act 1985 by adding section 10A, empowering the Secretary of State to mandate remedies for specific housing conditions. Although not fully in force, the government plans to implement it in stages:
- From October 2025: Social landlords must address damp and mould within prescribed timescales.
- From 2026: The duty extends to hazards like excess cold/heat, falls, structural collapse, fire, explosions, and hygiene hazards.
- From 2027: Most of the 29 hazards identified under the Housing Health and Safety Rating System will be covered.
These developments are crucial for housing management litigation, emphasising the evolving legal landscape and the increasing responsibilities of social landlords to maintain safe housing conditions.
How can Tozers help?
Tozers has over 35 years of experience in dealing with housing litigation issues across the country and can assist with housing management litigation through specialised services in property litigation and affordable housing.
