‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’
Local Government Lawyer, 17th September 2021
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Sutton has lost a case in the Upper Tribunal over whether a tenancy arrangement was a sham to increase housing benefit.’
Local Government Lawyer, 16th September 2021
Source: www.localgovernmentlawyer.co.uk
‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’
Nearly Legal, 12th September 2021
Source: nearlylegal.co.uk
‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’
Nearly Legal, 12th September 2021
Source: nearlylegal.co.uk
‘Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant’s appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.’
Local Government Lawyer, 10th September 2021
Source: www.localgovernmentlawyer.co.uk
‘A government petition has been launched calling for an inquiry into the role of institutional discrimination in the Grenfell Tower fire. The petition is calling for an “independent, expertise-led and community-centred” inquiry into whether institutional racism, classism and/or discrimination against religion contributed to the events leading to the fire.’
The Independent, 11th September 2021
Source: www.independent.co.uk
‘The government is poised to abandon key elements of its “radical and necessary” overhaul of England’s planning laws – which ministers argued would “help us build the homes our country desperately needs” – following a backlash from Tory MPs and voters in the south, according to a report.’
The Independent, 11th September 2021
Source: www.independent.co.uk
‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’
Local Government Lawyer, 7th September 2021
Source: www.localgovernmentlawyer.co.uk
‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’
Nearly Legal, 5th September 2021
Source: nearlylegal.co.uk
‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’
House of Commons Library, 5th September 2021
Source: commonslibrary.parliament.uk
‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’
Family Law, 31st August 2021
Source: www.familylaw.co.uk
‘A man who sent dozens of abusive and threatening emails to Sir Keir Starmer and Emily Thornberry has been found guilty of harassment.’
BBC News, 2nd September 2021
Source: www.bbc.co.uk
‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’
Nearly Legal, 25th August 2021
Source: nearlylegal.co.uk
‘On 22 October 2020, the Home Office published a Statement of Changes to update the UK’s Immigration Rules (the rules), as part of the post-Brexit immigration changes. The reforms included a new discretionary ground for refusal or cancellation of permission to stay for those individuals in the UK on a temporary basis, found sleeping rough.’
5SAH, 10th August 2021
Source: www.5sah.co.uk
‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’
Local Government Lawyer, 20th August 2021
Source: www.localgovernmentlawyer.co.uk
‘Homeowners in low-rise apartment blocks are being told they must hand over life-changing sums because their flats could go up in flames, even though the government has claimed the buildings pose “no systemic risk” and don’t need to be fixed.’
The Independent, 22nd August 2021
Source: www.independent.co.uk
‘Every day, thousands of people experiencing homelessness in the UK are met with exhausting challenges, but one that rarely gets much attention is the constant search for somewhere secure to store their belongings.’
Each Other, 19th August 2021
Source: eachother.org.uk
‘Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021. Tower Hamlets (“TH”) brought a claim for possession against Mr Ali after his mother, a secure tenant, died. His mother was herself a successor and, accordingly, he was not entitled to succeed under section 87 of the Housing Act 1985. He applied to succeed under TH’s discretionary policy for failed successors which stated that TH would grant a new tenancy to an occupant where they had lived with the tenant for 12 months before the tenant’s death, and they occupied the property as their only or principle home.’
Nearly Legal, 16th August 2021
Source: nearlylegal.co.uk
‘A private landlord operating an unlicensed and overcrowded property in Kensal Green has been told to pay more than £21,000 in fines and costs by Willesden Magistrates’ Court.’
Local Government Lawyer, 10th August 2021
Source: www.localgovernmentlawyer.co.uk
‘This Commons Library paper discusses the way that sales of residential property are taxed, and a series of reforms that have been introduced to stamp duty land tax in recent years.’
House of Commons Library, 10th August 2021
Source: commonslibrary.parliament.uk
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