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HOUSING
LAW NEWS & POLICY ISSUES
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High-rise buildings with ACM
cladding
On 21 January 2021 the MHCLG
published data showing that as at 31
December 2020:
- 100 per cent of high-rise social
sector and student buildings have
unsafe ACM replaced or work underway;
- Around 95 per cent of all high-rise
buildings with ACM similar to that at
Grenfell Tower have been fully
remediated or have work underway;
- 8 per cent of private sector
buildings over 18-metres have either
completed or started remediation, of
which 42 per cent have had their ACM
cladding removed;
- There were more buildings on site
with safety works last year than ever
before, despite pandemic
For the ACM remediation data, click
here. For the
announcement of progress and details of
various initiatives undertaken by the
Government, click
here. For a clear
explanation in The Construction
Index of the situation at 31
December 2020, click
here.
Independent Human Rights Act Review:
Parliamentary Committee calls for
evidence
On 21 January 2021 the Parliamentary
Joint Committee on Human Rights
announced that it is seeking views to
help inform its response to the
Government's independent review of the
Human Rights Act and its outcome. The
Committee would welcome submissions
which focus on one or more of the
following issues:
- Has the Human Rights Act led to
individuals being more able to enforce
their human rights in the UK? How easy
or difficult is it for different
people to enforce their Human Rights?
- How has the operation of the Human
Rights Act made a difference in
practice for public authorities? Has
this change been for better or worse?
- What has been the impact of the
Human Rights Act on the relationship
between the Courts, Government and
Parliament?
- Has the correct balance been struck
in the Human Rights Act in the
relationship between the domestic
Courts and the European Court of Human
Rights? Are there any advantages or
disadvantages in altering that
relationship?
- Are there any advantages or
disadvantages in seeking to alter the
extent to which the Human Rights Act
applies to the actions of the UK (or
its agents) overseas?
For more information, click
here.
Legal aid: tender opportunity for
housing and debt work
On 19 January 2021 the Legal
Aid Agency opened a tender process for
the delivery of housing and debt work in
14 procurement areas across England. It
closes on 18 February 2021. The areas
are as follows: Calderdale, City of
Kingston upon Hull, Cornwall, Doncaster,
East Riding of Yorkshire, Hartlepool,
Leicestershire and Rutland, North
Hertfordshire, Sandwell, Shropshire,
Somerset, South Tyneside, Warrington and
Halton, and Wirral. For more
information, click
here.
Gypsy and Traveller sites – England
On 14 January 2021 Friends, Families and
Travellers (FFT) released a report
revealing that whilst over 1696
households are currently on waiting
lists for pitches, there are only 59
permanent and 42 transit pitches
available across England. The report
calls on Government to change their
approach to unauthorised encampments,
from enforcement to an approach which
prioritises provision of sites and
negotiated stopping arrangements. The
report also says that the Government
should reintroduce pitch targets and a
statutory duty onto local authorities to
meet the assessed need for Gypsy and
Traveller sites. For the report, click
here. For a press
release relating to the report, click
here. For an article on
the BBC News website, click
here.
Grenfell Tower site update
On 19 January 2021 the MHCLG published a
summary and Q & A in respect of an
online event on 8 December 2020 updating
developments at the Grenfell Tower site
and explaining how the community can be
involved. For the document, click
here. For the latest
update for the Grenfell community about
Grenfell Tower and the future memorial,
click
here.
Grenfell Tower Inquiry
On 20 January 2021 the Grenfell
Tower Inquiry announced that it is
aiming to resume Module 2 hearings on 8
February 2021. The hearings will use a
Zoom based video platform and allow all
those who would have been required to be
onsite for the limited attendance
hearings to participate from remote
locations. Remote hearings are a
temporary measure to be used only for as
long as is absolutely necessary. For the
updated provisional Phase 2 timetable, click
here.
Right to Buy sales in England: July to
September 2020
On 21 January 2021 the MHCLG published
statistics on the number of sales of
dwellings under the Right to Buy scheme
in England. Between July and September
2020:
- Local authorities sold an estimated
1,548 dwellings under the Right to Buy
scheme. This is a decrease of 43 per
cent compared to the same quarter of
2019-20.
- The average receipt per dwelling
sold was £88,657. This is the second
highest average receipt since
recording started in 2012-13 and 6 per
cent greater than Q2 2019-20.
- There were 682 dwellings started on
site or acquired by local authorities,
51 per cent lower than the number of
dwellings started or acquired in the
same quarter of 2019-20. This
reduction in starts may be, in part, a
result of the period of national
restrictions introduced in response to
the COVID-19 pandemic.
For the full statistics, click
here. For tables of
right to buy sales, organised, for
example, by local authority, click
here.
Domestic Abuse Bill
On 25 January 2021 the Domestic Abuse
Bill began its committee stage in the
House of Lords. To follow progress of
the bill, click
here. For a briefing,
prepared by the Local Government
Association, listing the tabled
amendments to the bill, click
here. For draft
guidance (published on 26 January 2021)
on the delivery of support to victims of
domestic abuse, including children, in
domestic abuse safe accommodation
services, click
here and
scroll to the bottom document.
Coronavirus: Student
accommodation issues
On 25 January 2021 the House of Commons
Library published a briefing about the
impact of coronavirus on student
accommodation. Compliance with
coronavirus restrictions has meant many
students have not been able to live in
their term-time accommodation for
significant periods and many have had a
poorer experience at university than
expected due to Covid outbreaks and
restrictions. This has led to students
demanding rent refunds or discounts. The
briefing considers how universities,
other accommodation providers and the
Government have responded to this. For
the briefing, click
here. For an article in
Mancunian Matters about the
various rent strikes called by students
across the country, click
here.
Private rental growth measures,
a UK comparison: January to December
2020
On 21 January 2021 the Office
for National Statistics published an
article comparing growth in the Index of
Private Housing Rental Prices to other
measures of private rental growth. The
article finds that:
- The Index of Private Housing Rental
Prices (IPHRP), as a measure of the
stock of private rents, is a more
stable index compared with the newly
let private measures.
- London rental price growth has
slowed since the start of the
coronavirus (COVID-19) pandemic.
- The high proportion of private
rented stock compared with
owner-occupied housing stock in London
drives the difference between owner
occupiers' housing costs (OOH) and
IPHRP measures.
For the article, click
here. For the latest
IPHRP, covering November 2020, click
here.
Homelessness accommodation
provision and rough sleeping: October
2020 – Wales
On 21 January 2021 the Welsh Government
published management information on
persons placed into temporary
accommodation and rough sleepers for
October 2020. It covers emergency
accommodation and provision of long term
accommodation for people who present to
local authorities for housing support as
they are at risk of homelessness. The
main points are:
- 1,335 people presenting as homeless
were placed into emergency
accommodation during the month, of
which 115 were dependent children aged
under 16.
- At 31 October 2020, 4,735
individuals were in temporary
accommodation. 1,160 of these were
dependent children aged under 16.
- 666 homeless individuals were moved
into suitable long-term accommodation,
of which 177 were dependent children
aged under 16.
- At 31 October 2020, there were 112
individuals sleeping rough throughout
Wales. This is a small increase on the
110 individuals sleeping rough at 30
September 2020.
For the full figures, which have not
undergone the same level of quality
assurance as official statistics, click
here.
Shared-ownership homes – London
On 22 January 2021 the Mayor of London,
Sadiq Khan outlined plans to increase
the rights of leaseholders in the
capital by setting out a new expectation
that all shared ownership homes built as
part of his new Affordable Homes
Programme (AHP) are sold with a 999-year
lease as standard. For more details, click
here.
Electrical inspections and new
property licensing schemes
On 21 January 2021 safeagent, the
not-for-profit accreditation scheme for
lettings and management agents, called
for a pause in the implementation of new
electrical safety regulations, and new
property licensing schemes. Although
visiting rented properties to prepare
licence applications and undertake
routine electrical testing is permitted
under the coronavirus regulations,
safeagent believes neither can be a
priority while the pandemic continues
with extremely high levels of infection
across the country. The Electrical
Safety Standards in the Private Rented
Sector (England) Regulations 2020
require all occupied private rented
homes in England to have an Electrical
Inspection Condition Report (EICR) by 1
April 2021 – an estimated 4.5 million
households. safeagent says that this
will involve electricians visiting many
thousands of properties over the coming
weeks, spending a couple of hours inside
each one, and that, despite safety
measures, this clearly risks adding to
community spread of the virus. For the
full press release, click
here. For the 2020
Regulations, click
here.
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HOUSING
LAWS IN THE PIPELINE
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Telecommunications
Infrastructure (Leasehold Property)
Bill
This Government bill would amend the
electronic communications code set out
in Schedule 3A to the Communications Act
2003; by doing so, it would address one
stated policy barrier: making it easier
for telecoms companies to access
multi-dwelling buildings (such as blocks
of flats) where a tenant has requested a
new connection, but the landlord has not
responded to requests for access rights.
The bill received its first reading in
the House of Commons on 8 January 2020
and its second reading on 22 January
2020. For the second reading debate, click
here. The committee
stage was completed on 11 February 2020.
For the committee debate, click
here. The third reading
in the House of Commons was on 10 March
2020; for the debate, click
here. First reading in
the House of Lords was on 11 March 2020.
The second reading was on 22 April 2020.
The committee stage was completed on 2
June 2020 and the report stage on 29
June 2020. The third reading is
scheduled for 28 January 2021.
For the bill, as amended on report, click
here. To follow
progress of the bill, click
here. For a briefing,
prepared by the House of Commons Library
after second reading in the House of
Commons, click
here.
Renting Homes (Amendment)
(Wales) Bill
This Welsh Government bill seeks to
amend the Renting Homes (Wales) Act 2016
to provide greater security for people
who rent their homes in Wales. This will
particularly affect those who live in
the private rented sector and occupy
their homes under a ‘standard occupation
contract’, the equivalent to the current
assured shorthold tenancy, after the
2016 Act comes into force. This
additional security will primarily be
achieved by extending the minimum notice
period for issuing a section 173 notice
under the 2016 Act (the equivalent of
the current section 21 notice under the
Housing Act 1988) from two months to six
months. Landlords will also be prevented
from issuing such a notice until at
least six months from the date of
occupancy. Further provisions will also
ensure that landlords are unable to
issue rolling ‘speculative’ notices on a
‘just in case’ basis. The bill was
introduced in the Senedd on 10 February
2020. The Stage 1 motion to agree the
general principles of the Bill was
agreed in Plenary on 13 October 2020.
Stage 2 began on 14 October 2020. Stage
2 consideration took place in Committee
on 27 November 2020. Stage 3 commenced
on 30 November 2020. Stage 3
consideration will take place in Plenary
on 10 February 2021 to consider
amendments to the Bill (as amended at
Stage 2). Amendments may now be tabled
to the Bill (as amended at Stage 2). For
the bill as amended at Stage 2, all
other documents relating to it, and to
follow progress on the bill, click
here.
Fire Safety Bill
This Government bill
would make provision about the
application of the Regulatory Reform
(Fire Safety) Order 2005 where a
building contains two or more sets of
domestic premises; and would confer
power to amend that order in future for
the purposes of changing the premises to
which it applies. The bill completed its
final stages in the House of Commons on
7 September 2020. It received its first
reading in the House of Lords on 8
September 2020 and its second reading on
1 October 2020. The committee stage was
completed on 29 October 2020. The report
stage took place on 17 November 2020.
The third reading took place on 24
November 2020. The House of Lords have
returned the Bill to the House of
Commons with amendments. The amendments
will be considered on the floor of the
House on a date to be announced. For the
bill, as amended on report, click
here. To read debates
on all stages of the bill, click
here. For a briefing
note prepared by the Local Government
Association on second reading in the
House of Lords, click
here. To follow
progress of the bill, click
here.
Supported Accommodation
Bill
This private member’s bill, sponsored by
Steve McCabe, would require developers
to disclose for planning purposes an
intention to use a building for
supported housing or other accommodation
that is specified for the purposes of
Universal Credit and Housing Benefit;
establish a suitability test for
accommodation proposed for such use; and
make provision about the fitness of
persons to be landlords or managers of
supported or other specified
accommodation. The bill had its first
reading on 18 November 2020 and is due
to have its second reading on a date to
be announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Supported Housing
(Regulation) Bill
This private member's bill, sponsored by
Kerry McCarthy, would regulate supported
housing; make provision about local
authority oversight and the enforcement
of standards of accommodation and
support in supported housing; and
prohibit the placing of children in care
in unregulated accommodation. It
received its first reading on 11
November 2020. The second reading has
been further postponed to a date to be
announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Domestic Properties
(Minimum Energy Performance) Bill
This private member’s
bill, sponsored by Sir David Amess,
would require the Secretary of State to
ensure that domestic properties have a
minimum energy performance rating of C
on an Energy Performance Certificate; to
give the Secretary of State powers to
require persons to take action in
pursuance of that duty. The first
reading was on 14 July 2020 and the
second reading has been further
postponed to a date to be announced. The
bill is being prepared for publication.
To follow progress of the bill, click
here.
Sublet Property (Offences)
Bill
This private members’ bill,
sponsored by Sir Christopher Chope,
would make the breach of certain rules
relating to sub-letting rented
accommodation a criminal offence and
would make provision for criminal
sanctions in respect of unauthorised
sub-letting. The bill is being prepared
for publication. It received its first
reading on 10 February 2020. The second
reading has been yet further postponed
to a date to be announced. To follow
progress of the bill, click
here.
Mobile Homes and Park Homes
Bill
This private members’ bill, sponsored by
Sir Christopher Chope, would require the
use of published criteria to determine
whether mobile homes and park homes are
liable for council tax or non-domestic
rates; make provision in relation to the
residential status of such homes; and
amend the Mobile Home Acts. The bill is
being prepared for publication. It
received its first reading in the House
of Commons on 10 February 2020. The
second reading has been yet further
postponed to a date to be announced. To
follow progress of the bill, click
here.
Mobile Homes Act 1983
(Amendment) Bill
This private members’ bill, sponsored by
Sir Christopher Chope, seeks to amend
the Mobile Homes Act 1983. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been yet further postponed
to a date to be
announced. For the bill as introduced, click
here. To follow
progress of the bill, click
here.
Houses in Multiple
Occupation Bill
This private member’s
bill, sponsored by Ian Levy, would amend
the law relating to the licensing of
houses in multiple occupation and
increase penalties for the contravention
of such licences. The bill received its
first reading on 9 September 2020. The
second reading has been further
postponed to a date to be announced. The
bill is being prepared for publication.
To follow progress of the bill, click
here.
Homeless People (Current
Accounts) Bill
This private members’ bill, sponsored by
Peter Bone, would require banks to
provide current accounts for homeless
people seeking work. The bill is being
prepared for publication. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been further postponed to a
date to be announced. To follow progress
of the bill, click
here.
Caravan Sites Bill
This private members’ bill,
sponsored by Sir Christopher Chope,
would amend the Caravan Sites and
Control of Development Act 1960 to
remove planning permission requirements
for caravan site licence applicants. It
received its first reading in the House
of Commons on 10 February 2020. The
second reading has been further
postponed to a date to be announced. For
the bill as introduced, click
here. To follow
progress of the bill, click
here.
Asylum Seekers
(Accommodation Eviction Procedures)
Bill
This private members’
bill, sponsored by Chris Stephens, would
make provision for asylum seekers to
challenge the proportionality of a
proposed eviction from accommodation
before an independent court or tribunal
and would establish asylum seeker
accommodation eviction procedures for
public authorities. The first reading
was on 10 February 2020. The second
reading has been postponed to a date to
be announced. The bill is being prepared
for publication. To follow progress of
the bill, click
here.
Vagrancy (Repeal) Bill
This private members’ bill, sponsored by
Layla Moran, would repeal the Vagrancy
Act 1824. It received its first reading
in the House of Commons on 18 March
2020. The second reading has been
further postponed to a date to be
announced. For the bill as introduced, click
here. To follow
progress of the bill, click
here.
Domestic Premises (Energy
Performance) Bill
This private member’s bill, sponsored by
Lord Foster of Bath, would require the
Secretary of State to ensure that
domestic properties have a minimum
energy performance rating of C on an
Energy Performance Certificate; to make
provision regarding performance and
insulation of new heating systems in
existing properties. The first reading
was on 8 January 2020 and the second
reading on 7 February 2020. The
committee stage will commence on a date
to be appointed. For the bill, as
introduced, click
here. To follow
progress of the bill, click
here.
Rented Homes Bill
This private member’s bill, sponsored by
Baroness Grender, would amend the
Housing Act 1988 to abolish assured
shorthold tenancies; and to extend the
grounds upon which landlords of
residential housing may recover
possession. First reading took place on
22 January 2020. The second reading will
be on a date to be announced. For the
bill, as introduced, click
here. To follow
progress of the bill, click
here.
Evictions (Universal Credit
Claimants) Bill
This private members’ bill, sponsored by
Chris Stephens, seeks to place a duty on
the Secretary of State to prevent the
evictions of Universal Credit claimants
in rent arrears. The bill is being
prepared for publication. It received
its first reading in the House of
Commons on 10 February 2020. The second
reading has been further postponed to a
date to be announced. To follow progress
of the bill, click
here.
Housing Act 2004
(Amendment) Bill
This private members’ bill, sponsored by
Sir Christopher Chope, seeks to amend
Part 3 of the Housing Act 2004 to
provide that any selective licensing
scheme for residential accommodation
extends to social housing. The bill is
being prepared for publication. It
received its first reading on 10
February 2020. The second reading has
been further postponed to a date to be
announced. To follow progress of the
bill, click
here.
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Aviva Investors Ground Rent
GP Ltd & Anor v Williams &
Ors [2021]
EWCA Civ 27
The issue considered on this appeal is
the extent to which service charge
apportionment provisions in residential
long leases are invalidated by section
27A(6) of the Landlord and Tenant Act
1985 (“LTA 1985”).
Section 27A(6) LTA 1985 provides that
an agreement by a tenant is void insofar
as it seeks to determine in a particular
manner or on particular evidence any
question which may be the subject of an
application to the First-tier Tribunal
under s.27A(1) LTA 1985 (to determine
whether a service charge is payable and
if so on what terms).
The Facts
The service charges related to a number
of flats in Southsea forming part of a
mixed residential and commercial
development. The development was once in
common ownership and subsequently
separated, giving rise to the problem
considered on appeal. The service charge
contained in each of the relevant leases
consisted of three components: insurance
costs, building services costs, and
estate costs. The amount payable by the
lessee for each cost was expressed as a
specific percentage or “such part as
the Landlord may otherwise reasonably
determine”.
The question at the heart of the case
was whether the landlord was restricted
to the specified percentage in respect
of each category of service charge or
whether the ability to specify a
different percentage was transferred
from the landlord to the First Tier
Tribunal ("the FTT").
The Upper Tribunal
The decision of the Upper Tribunal (“the
UT”), reversing the decision of the FTT,
was that the first of these alternatives
was correct. The
UT held that the effect of section
27A(6) LTA 1985 was that the words "or
such part as the Landlord may
otherwise reasonably determine"
were void. As a consequence, applying
the “blue pencil” test, these words
should be deleted as offending
s.27A(6) LTA 1985 with the result that
the tribunal interpreted what remained
in the lease. The consequence was that
the landlord was restricted to the
fixed percentages of costs.
The Appeal
Lewison LJ examined the previous
decisions in which the UT had reviewed
the effect of s.27A(6) LTA 1985 and
considered that the
clear thread running through the
decisions was that the effect of
section 27A(6) LTA 1985 was to remove
the landlord's role (or that of
another third party) from the
decision-making process in order not
to deprive the FTT of jurisdiction
under section 27A(1) LTA 1985. The
court was not concerned with the form or
language of the drafting but the effect
and enforceability of the agreed
provisions.
All that was necessary for compliance
with section 27A(6) LTA 1985 was to
deprive the landlord of its role in
making the determination as to the
different percentage as an alternative
to the fixed percentage. Either the landlord or the
lessee could refer the question of a
different reasonable percentage to the
FTT if it could not be agreed.
Applied to the instant case, Lewison LJ
considered that the
lease should be read as if it had
provided for the fixed percentage "or
such part as … may otherwise
reasonably determine" with the
vacuum of making that determination
filled by transferring that function
from the landlord to the FTT.
Accordingly, the Court of Appeal
unanimously allowed the appeal and
restored the decision of the FTT.
Summary by Henry
Percy-Raine, barrister,
Trinity
Chambers. For the
judgment, click
here.
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HOUSING
LAW CONSULTATIONS
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Right to Regenerate: reform of
the Right to Contest
This consultation is to help to
shape a reform of the Right to Contest,
in order to encourage the right to be
utilised more effectively and more
widely to stimulate regeneration and the
more productive use of land. Strand 2 of
the Community Right to Contest allows
members of the public to request that
the government directs the disposal of
unused or underused land, including
vacant homes and garages, owned by
public bodies. This right is
little-known and little-used, with only
one direction to dispose issued since
2014.
The aim of this consultation, which will
close on 13 March 2021,
is to strengthen the right and make it
simpler to use as the new ‘Right to
Regenerate’. This will provide a quicker
and easier route for individuals,
businesses and organisations to
identify, purchase and redevelop
underused or empty land in their area.
In turn, the strengthened right will
support greater regeneration of
brownfield land, boost housing supply
and empower people to turn blights and
empty spaces in their areas into more
beautiful developments. For the
consultation document, click
here.
Safer buildings in Wales
The Welsh Government is
consulting on proposals for
comprehensive reform of legislation that
contributes to building safety in Wales.
It focuses on legislative change across
the lifecycle of buildings as well as
setting out aspirations for culture
change in the way buildings are
designed, constructed and managed. The
consultation ends on 12 April
2021. For the consultation
documents, click
here.
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HOUSING
LAW ARTICLES & PUBLICATIONS
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Psychologically Informed
Peer Mentoring: A Summary of the
Project in Basingstoke Dr
Stephanie Barker Homeless Link 19
January 2021 – to read the article, click
here
What the Social Housing
White Paper says about: safety in
homes Debbie Larner CIH
Blog 21 January 2021 – to read
the article, click
here
And no returns… [Merritt
v Thurrock Council & Anor (2021)
EW Misc 2 (CC)] Giles Peaker Nearly
Legal 21 January 2021 – to read
the article, click
here
Reviewing the risks facing
the social housing sector Jo
Loake Local Government Lawyer
22 January 2021 – to read the article, click
here
How the new immigration
rules affect social landlords John
Perry and Sam Lister CIH Blog
25 January 2021 – to read the article, click
here
Housing conditions: update
(Feb 21) Catherine
O'Donnell Legal Action
February 2021– to read the article
(subscription required), click
here
Gypsy and Traveller: Update
(December 20) Tessa
Buchanan, Chris Johnson, Dr Angus
Murdoch and Marc Willers QC Legal
Action December 2020 / January
2021– to read the article (subscription
required), click
here
Housing: recent developments
Sam Madge-Wyld and Jan
Luba QC Legal Action December
2020 / January 2021 ‒ to read the
article (subscription required), click
here
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28 January 2021
Changes to civil legal aid
eligibility come into effect
28 January 2021
Third reading in the House of
Lords of the Telecommunications
Infrastructure (Leasehold Property) Bill
(see Housing Laws in the Pipeline)
8 February 2021
Grenfell Tower Inquiry Module 2 hearings
to resume (see Housing Law News and
Policy Issues)
10 February 2021
Consideration in Plenary of amendments
to the Renting Homes (Amendment) (Wales)
Bill (as amended at Stage 2) (see Housing
Laws in the Pipeline)
18 February 2021
Closing date for legal aid tenders for
housing and debt advice (see Housing
Law News and Policy Issues)
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Limited, Greengate House, 87
Pickwick Road, Corsham,
Wiltshire, SN13 9B
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