Learning from Disaster – The PM’s Grenfell Pledge

Key Contact: Liz Gibbons

In the wake of the landmark final report on the Grenfell Inquiry, the Prime Minister, Sir Keir Starmer, has pledged to ensure social landlords are wholly “held to account” for the safety of their properties.

Whilst the report stopped short of making recommendations directly impacting social housing providers,  the PM’s statement emphasises the rigidity of the onus on social landlords to provide safe, well-built and well-maintained homes – and certainly in preventing the recurrence of a disaster of such colossal measure.

Starmer’s commitment to safety

A key element of Starmer’s pledge is addressing the broader systemic issues identified by the Grenfell Inquiry, including the use of unsafe cladding, fire safety protocols, and the failure of authorities to listen to residents’ concerns.

Starmer has committed to ensuring that all high-rise buildings are retrofitted with safe materials and that fire safety standards are enforced across the board. He has said the government will take the “necessary steps” to speed up building safety works, with further regulation to be expected as a result of the report.

Navigating the fast-paced and often complex change in building regulations can be daunting – but it is of utmost importance that such changes are clearly understood by social landlords so that the industry can meet the expectations.

Stop, listen, act

Starmer’s pledge further represents a broader push for transparency and accountability in the social housing sector. As an industry, we must commit to hearing tenant’s voices and viewing them as an invaluable measure of successes, failures and risks within the communities they live in – taking action from there.

In learning from the numerous failings that led to the harrowing disaster at Grenfell, Starmer promotes that tenant’s homes should be exactly that – homes. Somewhere that is built to the highest safety standards and is maintained to the same degree. As both Grenfell and the tragic death of Awaab Ishak have taught us, small repeated failings can lead to catastrophic outcomes. The Welsh Housing Quality Standard 2023 and the Decent Homes Standard (currently under review in England) should be strictly adhered to, to ensure the foundational right to adequate housing is upheld.

For advice as you consider the implications of the Grenfell report, including issues relating to health and safety, construction and disrepair claims and disputes, please contact our Social Housing team.

The Dos & Don’ts Of Deeds

Key Contact: Damien Cann

Author: Joshua Prior

A deed is one of the most powerful documents you can sign. A deed differentiates itself from a typical contract by reserving itself only for transferring important rights, most commonly used in property, wills, and powers of attorney.

First thing’s first, what is a deed? Deeds are more than just a high-quality piece of paper with a fancy seal on it, they are typically used in property practice to grant leases, transfer property from one person to another, and mortgage property to a lender.

Is a Deed a Contract?

In a word, no. Any law student will tell you that a contract requires three things: (1) offer and acceptance, (2) consideration (each party gets something out of the contract), and (3) an intention to create legal relations (meaning that you intend to be bound by the contract). By contrast, a deed requires no consideration, and, whilst a contract may be verbal, a deed must be written. Further, whilst a contact must be signed by all parties to it, a deed may be unilateral (a deed poll or deed of covenant for example).

What does a Deed require?

The Law of Property (Miscellaneous Provisions) Act 1989 governs the requirements of a deed, which are, simply that:

1. The document intends itself to be a deed;
2. The document is validly executed as a deed (meaning that the document is in writing and that the person signing the deed has a witness to that signature (different rules may apply for companies and corporate bodies));
3. The document is delivered as a deed. This traditionally meant when the document was physically delivered, however modern interpretation is that this means when the signers intend to be bound – this will often be when the document is dated.

Modern Developments of Deeds

Accelerated by the Covid-19 lockdowns of 2020, deeds are now able to be signed electronically via platforms like DocuSign. The Land Registry has stipulated some strict requirements for deeds to be signed this way, but essentially, they need a link emailed to you, a code texted to your phone, a witness to attest your signature, and a conveyancer to sign a certificate. Electronically signing a deed is quicker for everyone and reduces paperwork.

Getting in contact with Acuity

If you wish to discuss the points raised in this article, please contact our Real Estate Team and we will be happy to help.

A Blueprint For Success – Acuity Law Partner Promotions

We catch up with our two newly promoted Acuity partners Liz Gibbons (Real Estate) and Tom Saunderson (Corporate), to find out about their careers so far.

Acuity Law (AL): Did you always want to be a lawyer?

Liz Gibbons (LG): No, actually! I didn’t always want to be a lawyer – I started off wanting to be a journalist. I did work experience as a lawyer and thought: that’s absolutely not what I want to do! I saw a trial, which was interesting, but most of the other days were in a law library researching what was mundane and monotonous law. The reality of my job now is very different. It’s varied, involves meeting lots of different types of people and keeps me busy and entertained on a day-to-day basis – which I love!

Tom Saunderson (TS): Me neither. At school, I wanted to be a doctor. But when it came to picking my A Levels, I didn’t fancy physics or chemistry and picked subjects I enjoyed more, which ruled out medicine as an option… I used to have a reputation in my family for arguing, so everyone told me I’d make a good lawyer and I just kind of went with it! (Laughs)

As with many aspiring lawyers, my only exposure to what it was like to be a lawyer growing up was on TV, and you learn very quickly that’s completely unrealistic. Law as a taught subject is also very uncommon and I think it has one of the higher drop-out rates at university, perhaps because it’s not what people expect. Fortunately for me, I really enjoy it, even if my workday will never look like a day in the life of Harvey Specter.

AL: What was your journey into law, Liz?

LG: I did an English Literature degree at Cardiff University. I graduated and then I got my first temporary job with a mortgage company. I came across a mortgage deed, and somebody said, “Oh, that’s just a piece of paper, that’s not important!”

I knew that was not the case, so it started my interest in property.

“I always did something drastic when [my parents] went on holiday. This time, they came back and I told them I was going to be a lawyer!”

I then saw an advert in the newspaper for an office junior at a Cardiff firm of solicitors. I applied and they told me I was overqualified, but I was offered a job as a legal secretary – and that started my journey.

I was working as a secretary for a property partner, and he said to me, “You ask far too many questions! Did you know you can convert your English degree to Law?” I wanted to understand it, basically.

My parents were on holiday at the time. I always did something drastic when they went on holiday. This time, they came back and I told them I was going to be a lawyer!

I attended Glamorgan University [now the University of South Wales] initially. I did a full-time conversion course while I was still working part-time as a legal secretary. So that was challenging. Then I went to Cardiff University for a year to do the Legal Practice Course and, thereafter, a training contract.

AL: Was it what you expected?

LG: When I was a legal secretary, I remember saying to the partner I was working for: “When I’m qualified, it will be great, because I won’t have to study and do all of the reading and learning!” He just laughed because, obviously, you keep learning every day.

AL: Tom, why did you choose Corporate law?

TS: The cliché is that you’re either a contentious lawyer or you’re not. When it came to studying and practising law, I found that I really didn’t enjoy contentious work; it didn’t suit my personality.

“Doing things in a more collaborative way is a better way to go about work and life in general.”

In the world of Corporate work, generally speaking, everyone is trying to achieve the same thing, and wants to work together to get a structure, a deal or a document that works for both sides. I think that’s quite rewarding – doing things in a more collaborative way is a better way to go about work and life in general.

I work best under pressure, and there isn’t anything quite like getting a deal over the line after being up to your eyes in emails, documents and deadlines, pulling all the various strands together, and then finally completing – that’s part and parcel of being a corporate lawyer, and I find it really fulfilling.

AL: Is there anything you wish you had known when you started out in your career?

TS: When I started my training contract, my first seat was in commercial property and construction, and I really liked the team. Based on that first seat, I made a decision that it was where I was going to qualify, and I didn’t keep a particularly open mind going into my subsequent seats, because in the back of my mind I thought I already knew where I wanted to go.

“It’s never too late to change.”

But actually, when I went back to that seat at the end of my training contract and started doing more of the work, I started to realise that I had made a decision because of the people in the team and not because of the work. I changed my mind and made the decision that I wanted to be a corporate lawyer, and I got into this sort of frenzy because I had already been offered an NQ role and I felt a little trapped. I had to leave the firm to pursue a role in corporate, which was a big decision and felt like a big risk at that stage in my career.

I wish someone had told me to keep an open mind and not jump in too soon. It’s never too late to change; don’t let yourself be shoehorned into an area of law you don’t particularly enjoy or that you’re not suited to just because there is a job there for you. It is a long career and you’ll end up resenting it.

AL: How about you, Liz?

LG: Early on in my career, I didn’t understand the importance and value of your ability to connect with other people and build relationships. The work is great, but unless you have the relationships behind that, you won’t build a network and your client base.

“Relationships are hugely important and it’s not just about the Law.”

I consider many of my social housing clients to be my friends – the individuals I work with in these organisations are the types that like to get to know you as a person as well. Relationships are hugely important and it’s not just about the Law.

AL: What has been the highlight of your career so far?

LG: Making partner was a pretty big moment! Everyone close to me realised how important that was to me. One of my best friends left flowers in my porch and a card, which said, “I know how hard you have worked for this.” I am a single mother with a daughter, and he knows it has been early mornings, working silly hours, working late to make sure that the hours are in but that my daughter has everything she needs too.

TS: The same for me – making partner. It’s seen as the pinnacle or “gold standard” of a law career, and getting that title feels like a massive achievement. I’ve worked very hard, and it feels great to get that recognition from the firm and my peers.

AL: What are your career goals?

TS: I’m working quite hard at developing my own area of specialism, growing my own network and building my own team. I’m quite passionate about working with founders, start-ups and early-stage companies and that is where I’m focused. The aim is to and continue to building those relationships and to get my name out there as being the go-to lawyer when it comes to pre-seed, seed and other early-stage investments.

LG: To continue to grow the Social Housing workstream at Acuity and have a standalone Social Housing team.

AL: What does your typical day look like – how do you spend the bulk of your time?

TS: Since I’ve had kids, and since Covid, that has really changed. Acuity is really good in that I have incredible flexibility on how my working day looks. I drop my little girl off to nursery and I go home, do dinner time, do bedtime and, if I need to, I’ll log on after that. That time is really important to me. As a professional, there’s this expectation that you’ll just work long hours, but at Acuity, I’m supported to have a proper family life outside of work.

“At Acuity, I’m supported to have a proper family life outside of work.”

In terms of what my day actually looks like – it is as you’d expect! I sit at a desk, whether that is at home or in the office, and type furiously for most of the day. That is broken up by phone calls, Teams meetings, coffee breaks and catching up with colleagues. Every now and again, I’ll get out into the world and meet clients and other contacts; that’s the best part of the job, especially when it is on a golf course!

LG: Most of my time is spend on Social Housing-related matters. I grew up in a council house, and my parents still live in the same house I grew up in. I don’t come from a moneyed family, and I think that is why I wanted to be in this area, because you see the value of what you’re doing. Real Estate generally involves money and I work on a variety of property transactions where significant sums of money are involved. However, there’s good that comes out of working for a housing association and acquiring a development site so that much-needed housing can be built.

“There’s good that comes out of working for a housing association and acquiring a development site so that much-needed housing can be built.”

It’s hard juggling the demands of work and managing my role as mum too. But I became a lawyer for a reason, and I can do my job and be a mother. Because where there’s a will, there’s a way, isn’t there? If you want to do it, you find the hours and you do it. But I’ve also always said that my daughter will always come first, and I will be at the school gates. I’m very open about that: I promise I’ll deliver, but I do need to be “mum” as well.

AL: What’s your message to your daughter in terms of her future?

LG: You can be anything you want to be. I’ve already said to her that you don’t necessarily need to go to university for every career. What you need to do is think about what you want to do and go out and get the best experience that you can. Follow your dreams and do what makes you happy. But do everything you do well. I’m not a half-hearted person. If you want to do it, make it count.

Find out more about Liz Gibbons, Tom Saunderson and our Real Estate and Corporate teams.  

Do You Know The Terms of Your Tenancy Agreement?

Key Contact: Damien Cann & Jennifer Butcher

Author: Harriet Bland

Background of the 2016 Act

Under the Renting Homes (Wales) Act 2016 (the “Act”), in force since 1 December 2022, tenancy and license agreements have been replaced by ‘occupation contracts’, and tenants and licensees have become ‘contract-holders.’ Any new tenancies granted in Wales, with very limited exceptions, are now subject to the new regime. This is also the case for any existing tenancy agreements which have been ‘converted’ to the relevant occupation contract.  The Act is designed to give contract-holders more security of occupation and in many circumstances, a periodic tenancy will automatically arise at the end of the fixed term which cannot be terminated by less than six months’ notice. There is an exception for converted contracts where the notice period is reduced to two months provided that notice is served prior to 1 June 2023.

Written statements

The Act requires landlords to provide a written statement that sets out the terms of the contract. The statement must include all the required contractual terms, including:

• Key matters – including the address of the dwelling, the occupation date, the amount of rent, and the rental period;

• Fundamental terms are divided into F and F+ terms. An F term cannot be omitted from the contract or changed and an F+ term can be omitted or changed, if the parties agree, but only if it improves the position of the contract holder. For a converted contract, if any of the existing terms are incompatible with a fundamental term, then they will be deleted;

• A supplementary provision will automatically be included as part of the contract unless the contract-holder and landlord agree to omit the term or change it to benefit the contract-holder or landlord. These terms cannot be omitted or modified in a way that would make them incompatible with a fundamental term. For converted contracts, if these terms are incompatible with the terms of the existing tenancy, they will be omitted. Once the landlord has subsequently given the contract-holder a written statement, these terms can be left out or changed as above. Any omission or change to a supplementary provision must be set out in the contract; and

• Additional terms are provisions agreed between the landlord and contract-holder, which can cover any other matter, provided they do not conflict with a key matter or a fundamental or supplementary term. Converted contracts can include terms of the contract, which are not incompatible with a fundamental or supplemental term, agreed by contract-holder and landlord prior to its conversion, which continues to have an effect.

For new rentals, the written statement must be issued within 14 days of occupation under the contract and for existing tenants, landlords have a maximum of 6 months from the implementation date to issue the statement. This means landlords only have until 1 June 2023 to provide this statement before sanctions start to apply. Irrespective of the content of the written statement landlords still need to comply with the sections of the Act which regulate or restrict standard occupation contracts which have been in force since its implementation. These include provisions relating to the consequences of failing to comply with certain statutory requirements, the landlord’s consent procedure, and a right of succession.  

Possible sanctions  

A contract holder is entitled to compensation equivalent to the amount of rent paid under the occupation contract until the written statement is provided. The sanctions may also apply if the landlord provides an incomplete or incorrect statement.  Punitive sanctions can be imposed for deliberate default.

Model written statements have been issued by the Welsh Government; however, these do not include many of the additional terms a landlord would expect to see and landlords must remember, any that are included must not cut across the fundamental terms.

A Landlord is also prevented from serving termination notices under an occupation contract unless the written statement has been given within the prescribed periods.

How we can help

We have advised landlords on transactional and contentious matters under the Act since its inception. For further information or advice, please reach out to our Real Estate Team.

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