Introduction
The following assignment is based on the legal impacts on the subsequent legislation. The relevant case studies are worth explaining the effects of housing operations under the housing act. The whole story would be following research regarding the issues and the critical assessments of the impact of subsequent legislation and the case laws on the housing act 2002. Different arguments and paragraphs of the rules are worth supporting the fundamental analysis. There will be a systematic manner in which the analysis will be made.
Research question:
Whether or not there is the impact of the subsequent legislation and the case studies are worth exemplifying the housings’ analysis.
Research type:
There are two types of research to the proper conduct of the study where; the first one is quantitative, and the second one is qualitative research. In this part, the following research is based on qualitative research. In order to do proper research, there is a need for accurate data to support the analysis.
Data collection:
It is widely known that there are two types of data used in conducting the research process. The first one is the primary data, and the second one is the secondary data. The advantage to the preliminary data is that it is mostly valid, and there is more accuracy of the data. On the other hand, secondary data are primarily available and used to conduct the research process. However, the analysis to be done here is mainly based on the secondary data collected from various sources, including the journals, the government’s different acts and legislation, and the teachers’ class lectures.
Data processing:
The collected data hereon is processed according to the teachers’ guidelines and according to the format suggested by the teacher. Data is processed in more systematic ways to delineate a good analysis.
Critical assessment of the impact of subsequent legislation
Whenever a contract is executory or not fulfilled under specific terms and conditions, there is the possible impact of the subsequent legislation. However, there is the initiation of the contract agreement between the parties under the law and order situation. The following legislation talks to determine which party is liable under the current contract or whom the liability of the rest of the agreement will be levied upon. Whenever the determination of the losses or the detriment of the arrangements is agreed upon in the eye of the law, there is the observation of the intention of the parties during the contract agreement. Actually, what the parties are willing to do in the given contract agreement or what was previously agreed upon between the parties in the eye of the law (Criminal Justice Act Enhances Data Protection Act, 1996). There are different types of goods and services transacted in the given world under specific laws and circumstances. Anyway, certain rules of thumb had been developed by the relevant authorities so that the extent of the losses can be shared or borne in the most equitable manner where the intention of the parties are primarily evaluated to the contract of sale of personality (Miers, David and Alan, 1996). Whenever there is nothing found as to the extent of the intention by the parties, there is the observation of the pre terms and conditions related to the contract agreements. They are most important and critically assessed under the laws and requirements. What if the contract is for the sale of realty? In those cases, whenever there is nothing as found as an intention by the parties, there is the finding of the recourse to be had so as to the determination of the losses on whom it shall be levied or who is the ultimate party termed as a defaulter in the eye of the laws. There are different circumstances under which the liability will be shifted or retained to various parties in the contract agreement depending on the pendency of the contract agreement. For example, in the case of the sale of lands, where deeds are assumed to be had, the ultimate vendee is liable to the rest of the contracts. Because the deeds are prepared and considered as the right to the consent of both the parties, there is the transforming of the owner from the vendor to the vendee (Hager v. Mounts (Ind. 1832) 3 Blackf. 57; Griffith v. Sitgreaves 1879). There are some sorts of exceptions to the analysis made here. Let’s say whenever there are concerns regarding the subject matter or title to the contract agreement because both the parties are intending to the same subject matter, then neither party will be regarded as faultier. Whenever A’s subject matter and that of B is the same, then neither A nor B will have defaulted in the eye of the law (Thompson v. Lockwood N. Y. 1818). Now consider the impact of subsequent legislation on the sale of goods act where the goods are in transit. There is no more proper appropriation of the passing of the title or not anything in particular, the goods beings destroyed, the vendor of the sold goods would be held as liable under the specific laws and conditions (Anderson v. Morice (1875) L. R. 10 C. P. 609). On the other hand, whenever the goods are sold or are at transit, whenever the ownership of the title is retained with the seller only for security purposes, the case of a bill of lading, and in that case, due to the losses, the whole liability will have relied upon the vendee just because he is the beneficiary in this contract agreement and nothing risks still taken as granted by him (Browne v. Hare (1858) 3 H&N. *484; Williston, Sales, ? 305). However, there may be explanations of the other areas where the courts will specify the rules, regulations and impositions of different areas when specific negotiations and other agreements between the parties are under the scope of the contract agreements.
There are other events worthy of the proper understanding of the effects of the subsequent legislation in the eye of the law. However, suppose there is a fair entrance in the contract. Everything is worth the fair evaluation of the contract since the inception, whatever happens in the middays on the executive contract. In that case, the plaintiff is not justified as the wrong one; rather, they will be winning in the bidding positions related to the sales of goods and other important types of contract agreements(20). According to section 21, whenever there is the happening of hardships, the laws prevent the defendants from the original intentions of the title, basically working as an insurance to the contract agreement. The court also specifies the denial of the activities whenever the title or the chains of the titles are thought to be unmarketable, and the restriction imposed in this case is working as the hurdle or encumbrance to the properties being transacted among the parties in the given time period. Section 22 assumes that everything in the previous section is right whenever it is related to the specific contract agreement. However, assuming everything is right, certain contingencies affect neither the title nor the chains of titles to the contracts. The vendee is not entitled to accept the title of that contract agreement(23). From this section, it is worth being clear that the law is in force to defend the aggrieved parties under the defective titles in the laws of agreements in contingencies. However, the laws are doubtful to obtain the clearance regarding the factors affecting the titles nor the subject matters of the contract agreements, according to section 24. Nevertheless, the law is in action to the findings of the line of distinction between the two parties through the process of arbitration those are outside of the normal court systems worth to the proper justification of the subsequent impacts on the contracts of different types and the impacts with the different possibilities “Revell v. Hussey (1813) 2 Ball. & B. 280; Prospect Park & C. I. R. However, this sort of actions would be granted in the normal courts where the exceptions would be made due to the contract in the cases that there are some events by which the plaintiffs would not be taken into honourable considerations or where the subsequent times prove that the contract was made without the full consideration of the defendant and the defendant showed no more perfect willingness into the entering of the contract agreement In (Owens v. McNally (1896) 113 Cal. 444, 45 Pac), wherewith the considerations of the subsequent actions, the decree was given as to the forfeitures of the defendant’s estate. In Washburn, Real Property (6th ed.)? 2385; Tiedeman, it happened that the party was not willing to enter into the contract agreement rather than inducement was done to the entering into the contract agreement since the very inception of the contract agreement with some performance and the defendant was saved from the subsequent harms related to the contract agreement. In the case of the subsequent building zone resolution, both parties entered into the contract agreement with no encumbrances to the title or subject matter related to the contract agreement. Such an order will no longer be held to be effectively related to the termination of the contract agreement as there was everything according to the existing laws and conditions Trust Co. v. Williams Bldg. Corp. This analysis may be more analysed in light of the following analysis. Suppose that a vendee is executed a contract to purchase land and to produce manufactured goods or melted liquors and with the operations is going on, in the subsequent years, if there are the resolutions being enacted by the laws and order situations that the lands are to be used for the piano factory and at the similar time another act is passed to the impositions of the tariffs on the products that subsequently lead to the losses of the profits by the business then what will happen. Actually, in this situation, it is clear to us that both the subject matter is changed, and at the very same time, the statute is affecting the business. Then by definition, to protect the vendee being sued, the court will see the conditions of the vendee as to how to save him from the contravened positions. Here, being the title is fired, the court will not stop its actions, and in subsequent years, it will use the condemnations of the operations by itself, and the eminent domain will be acting in the given positions (Bentham, Jeremy and Laurence Lafleur, 1948). The court will justify it in the equitable positions where the subject matter cases will be shown in the court. By the dominant condition, the court will stop its actions. In these positions, the court will, of course, act to protect the vendee by the title in the former positions by changing the rules of operations by the estate. However, if the estate is being grabbed by the estate for other purposes by the exercising of the rule of eminent domain, where both the subject matter and the title related to the contract agreement will be merged to the proper ensure of the ethical grounds.
Key findings:
From the above analysis, it has been clear to us that though there is the execution of the contracts at the initial moments, there are other considerations when the contract is executory, where different dimensions are affected by the contract agreement. Examples are the title of the contract agreement including the vital subject matter, the possession of ownership due to the contract agreement, the sharing of the risks, the loss of profitability due to the unavoidable circumstances due to the contract agreement, the enactment of the laws from the supreme authority; all are subject to the subsequent legislation. By the following legislation, the equitable conditions satisfy the plaintiffs and the defendants and other related third parties to the contract agreement. Different case studies are worth the proper justifications of the analysis. If there were nothing as imposed as subsequent legislation, most of the transactions would be impacted negatively at any more extensive scale. There would not be the ensure of equitable manners in the eyes of the laws. So, from a critical standpoint, it can be argued that the law is more equitable in working since the inception of the contract agreements between the parties. And the proper exercise of those events helps to protect the aggrieved parties from a variety of unusual moments. Case laws and the adequate encounter of the different moments give more justifications of the rules where there is the arising of the controversies among a variety of parties that have full or partial interests in the contract. Unless the subsequent laws are enacted, the proper ensure of safety will be hampered.
Assessment of the case laws related to the housing act part VII:
The housing act 1996, part VII, was later transformed to the Homelessness act 2002. The action is worth the prevention of the problems of the homeless people or who are at risk with the sheltering difficulties in the UK. The act has a far-reaching impact on removing the sheltering problem by the general people, either on a temporary or permanent basis. Before going to the related case studies, there is a need to discuss some critical premises in this context.
ASBO:
ASBO stands for the anti-social behaviour order, a civil order to the general people that does not warrant any criminal prosecution in later periods. The UK Prime Minister Tony Blair firstly talked about the issue though there was a little mention regarding the problems and later on, it had achieved a good impact on the lives of the general people. By the order being enacted in the history of the UK, there is the reduction of some activities by the people, like the injury, swearing or drinking alcohol that is harmful to the other people in general.
Homelessness prevention:
The UK law is much stricter to the prevention of homelessness problems. Here, the policy is so firm that it is good enough to reduce the issues of the people who are supposed to be homeless in the present conditions.
Anti-social behaviour and policing act 2014:
The act is merely concerned with the savings of the landlords or other related parties to the landlords or someone affected by the actions taken by the landlords.
The tenants or anyone related to the tenants visiting the concerned house of the landlords are convicted with anti-social behaviour after October 2014 in the history of the UK, or breached the conviction by the court or seriously affected with the anti-social behaviour act.
The tenants or someone related to him is convicted with the anti-social possession act,
The occurrence of the offences by the tenants within the scope of the areas of the dwelling space by the tenants, or if the offences are impacting any relatives or neighbours by the landlords, or anyone related to the management functions of the landlords.
However, in this case, everything is worth the speed up of reducing the anti-social behaviour, rather than maximising the anti-social behaviour by the tenants in the given areas. The application of those certainly minimises the severity of the anti-social behaviour in the assigned areas.
Improvements requirements, energy act 2011:
So that the housing sector is improved with the attachment of social coincidence, the energy act 2011 is enacted. The act imposes that the landlords have the rights to address the energy waste but with prior consent from the authority. Unless permitted by the landlords, tenants cannot attach the Green deal measures, a measure initiated by the central authority to reduce the energy waste.
Pre-action protocol:
This activity aims to reduce the further hassles between the landlords and the tenants, where the exchange of information between the parties happens before the occurrence of the hassles by means of pre-action protocol (Hall, Kermit, 1992). Parties have given the authority to express the situations and have the duty to the settlement before expressing the events to the courts. The court must seek enough reasonable time to handle the issues. The parties in this perspective are supposed to know or anticipate the further problems, a matter of judgment by the parties, and should keep the actions ready to solve those when they arise (see para1, 6 and b) and notes.2.1-2.12)
Troubled families program:
This program has been enunciated by the government of the UK, an integrated approach, so as to reduce the extent of problems of the troubled families. Troubled families face various issues, including the ASB, crimes, thefts, homelessness and so forth, resulting in a dilemma to their security. The UK government is paying 4000 pounds per family traced as troubled, and the local authority is bearing the responsibility to bear the duty to secure them.
Homelessness policy:
The policy aims not to let any sleepers sleeping on the streets sleep for the second night out. Here, the rough sleepers are taken into care. They are given the opportunity by means of providing services by the agent of the UK government (Richards, 206). They feel safe against rough sleeping as they are no longer required to sleep roughly for the second night. The government is working to give umbrellas to everyone who is at risk of the same problem.
Case studies:
Carney vs Bolton at home, 2012, pre ASB
In the relevant case study, the defendant was evicted as ASB during 2009, including the misconduct with the claimant. In 2011, the defendant took a transfer of the council’s stock and the duty of managing the allocation of the resources by housing scheme. The clamant bid for the property under the defendant being the landlord and became the highest bidder. Later on, the bid was cancelled.
Anti-social behaviour:
In Paragon HA vs Manclark 2013, it had happened that the tenant had been facing a lot of problems while staying at the landlord’s house while suffering paranoid schizophrenia. There were problems from a variety of sources, including the garden being overgrown, being weed-ridden, the doors in the interior sides either being closed or being used or broken for the purposes and so forth. The cluttered atmosphere was not suitable to stay at the house, making everything noisy and unsuitable to stay at home for any later time. However, the tenant would attempt the court. Later on, the court found that there was enough evidence to order the possession. There were arrangements for the tenant to another place, but the tenant refused.
ASB (Hearsay evidence)
In the relevant case study of (Boyd vs communities 2013 EWCA ltd), Boyd was an assured tenant to the landlord where the tenant was claimed as theft and convicted of prison. Later on, the tenant has afflicted with the noises by the neighbours herself. The landlord was offered the funds to the refusal. The court served the tenant a hearsay notice before the original trial. Anyway, the hearsay notice was done instead of the direct witness as to the fear of reprisals. Later the court had made the possession order and relied only on the hearsay order and suspended the order for two years after that. Later on, Boyd argued that there was a heavy reliance on the anonymous hearsay order, and the court did not do any better for her.
(ASB) Yarlington Burden 2015
In the relevant case study, Burden was convicted of anti-social behaviour and was afflicted with criminal damage incidents. He used weapons to astray the people in the often places and harm the general people. Yarlington, relying on the law and order situation, suited a file, and the laws are good enough to grip Burden under the current ASBO act.
Tenancy update: Prevention of the social housing fraud act 2013:
This section entails the analysis of the fraudulent activities. Almost 2 million people in the UK face the need for social housing where at least 2 billion pounds are incurred as losses almost every year. Time has come to cope up with these sorts of problems with practical intentions and actions.
The act is worth saving the landlords from fraud or such kinds of activities by the tenants if there are any kinds of fraud or other types of fraudulent activities. The dishonest activists will be imprisoned or given to the injured in the form of financial losses or the recovery of the financial rewards by the tenants.
Key finding
From the fundamental analysis, it has been clear that the housing act 2002 and later additions and the relevant case studies prove the proper actions. Furthermore, the appropriate conditions demonstrate as being better for the security and government duties in the worthy positions. It ensures the safety of the authority and the proper considerations of the people come into the minds. The tenants and the house owners are so much benefitted by the enactment of the laws in different circumstances. There are persistent problems between the related parties that are solved by ensuring the law and order situation. From the proper case study analysis, it has been proved that different types of ASB, thefts, crimes and civil disorder are happening by the people during other moments, and the proper use of the acts adequately solves those. I hope that there will be a newer amendment of the laws in the future periods if there are arousing the more recent problems and conditions among the different parties.
Conclusion:
The complete analysis can be broadly segmented into two critical issues, where the first spectrum of research is worth revealing the impact of the subsequent legislation. The second spectrum of analysis is worth demonstrating the effects of the housing act in the history of the UK. Both are well to prove that, with the proper implementation of both areas, the general people feel comfortable and free to transact and make contracts most advantageously.
References:
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