housing – Page 40 – Current Awareness

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

Posted July 8th, 2020 in appeals, chambers articles, covenants, holidays, housing, landlord & tenant, leases, news, tribunals by sally

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Conflicting Covenants Revisiting Duval v 11-13 Randolph Crescent – St Ives Chambers

Posted July 8th, 2020 in chambers articles, covenants, housing, landlord & tenant, leases, news by sally

‘What happens when a landlord:
a. On the one hand, gives Tenant A a licence to do something which would otherwise be a breach of Tenant A’s lease, but;
b. On the other hand, is under an obligation to Tenant B to enforce the covenants in Tenant 1’s lease?’

St Ives Chambers, 6th July 2020

Source: www.stiveschambers.co.uk

Charity appeals for urgent change in law to prevent mass evictions – Local Government Lawyer

Posted July 8th, 2020 in charities, coronavirus, housing, landlord & tenant, news, rent, repossession by sally

‘Housing charity Shelter has called for emergency changes to the Housing Act to prevent large numbers of private renters from being evicted when the ban on evictions ends on 23rd August.’

Local Government Lawyer, 7th July 2020

Source: www.localgovernmentlawyer.co.uk

Legal action threatened over Boris Johnson’s ‘unlawful’ green recovery plans – The Guardian

Posted July 8th, 2020 in airports, climate change, coronavirus, environmental protection, government departments, housing, news by sally

‘Boris Johnson’s much-vaunted green recovery plans are inadequate and “clearly unlawful” as they do not match up to the government’s legal obligations under the Paris climate agreement and the UK’s own net zero emissions target, green campaigners have said.’

The Guardian, 7th July 2020

Source: www.theguardian.com

We don’t do that in Wales – Nearly Legal

Posted July 8th, 2020 in housing, landlord & tenant, news, notification, repossession, Wales by sally

‘The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice?’

Nearly Legal, 7th July 2020

Source: nearlylegal.co.uk

Grenfell Tower inquiry: Fire ‘inextricably linked with race’ – BBC News

Posted July 8th, 2020 in accidents, bereavement, construction industry, families, fire, housing, inquiries, news, race discrimination, racism, standards by sally

‘The Grenfell Tower fire inquiry “must not ignore” the impact of race and poverty on the disaster, a lawyer representing survivors has said.’

BBC News, 7th July 2020

Source: www.bbc.co.uk

Dispensing with section 20 – requirements on landlord – Nearly Legal

Posted July 6th, 2020 in consultations, housing, landlord & tenant, news, service charges, tribunals by sally

‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’

Nearly Legal, 4th July 2020

Source: nearlylegal.co.uk

Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian

Posted July 6th, 2020 in accidents, bereavement, construction industry, coronavirus, cross-examination, families, fire, housing, inquiries, news, standards, victims by sally

‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’

The Guardian, 6th July 2020

Source: www.theguardian.com

Evidencing a joint tenancy – Nearly Legal

Posted July 6th, 2020 in appeals, housing, landlord & tenant, news, repossession by sally

‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’

Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

Posted July 3rd, 2020 in appeals, forfeiture, housing, landlord & tenant, leases, news, probation, prostitution, soliciting to murder, tribunals by sally

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

Unfurnished temporary accommodation – is it suitable? – Nearly Legal

Posted June 30th, 2020 in homelessness, housing, judicial review, local government, mental health, news, travellers by sally

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk

Unfurnished temporary accommodation – is it suitable? – Nearly Legal

Posted June 29th, 2020 in homelessness, housing, judicial review, local government, news, standards by sally

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk

UK could be breaking international law over cladding, says UN – The Guardian

Posted June 29th, 2020 in accidents, delay, fire, government departments, health & safety, housing, human rights, international law, news, standards by sally

‘The UN has warned Britain that its failure to strip combustible cladding from high-rise buildings containing tens of thousands homes may be a breach of international law.’

The Guardian, 28th June 2020

Source: www.theguardian.com

Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

Posted June 26th, 2020 in appeals, chambers articles, housing, landlord & tenant, news, notification, repossession by sally

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

Posted June 26th, 2020 in confiscation, enforcement notices, housing, local government, London, news, planning, proceeds of crime, standards by sally

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Swift v Carpenter: Accommodation costs dispute reaches Court of Appeal – Law Society’s Gazette

Posted June 25th, 2020 in appeals, compensation, housing, news, personal injuries by sally

‘The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal.’

Law Society's Gazette, 23rd June 2020

Source: www.lawgazette.co.uk

A reprieve for landlords – Gas safety certificates and section 21 notices Case update: Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 270 – 3PB

Posted June 23rd, 2020 in health & safety, housing, landlord & tenant, news, statutory duty, utilities by sally

‘Residential landlords may well be familiar with, and will quite possibly have fallen foul of, the statutory requirements placed upon them in respect of gas safety certificates. The case of Caridon Property Ltd v Shooltz (02/02/18, unreported but the judgment is available online) providing, until yesterday, unbinding but highly persuasive authority that landlords who fail to serve a copy of the most recent gas safety certificate prior to a tenant entering in to occupation of the relevant property could not rely upon the no-fault eviction process provided by section 21 of the Housing Act 1988 and, as per the County Court appeal judgment of HHJ Luba QC, could never rectify the error. The decision, which was regularly followed by district judges and deputy district judges in the County Court throughout the country, placed landlords in a position where, unless they were able to rely upon any of the grounds set out Schedule 2 of the 1988 Act and therefore serve a section 8 notice, they had no way of evicting tenants, even though they were purportedly assured shorthold tenants.’

3PB, 19th June 2020

Source: www.3pb.co.uk

I want it all – Nearly Legal

Posted June 23rd, 2020 in houses in multiple occupation, housing, landlord & tenant, news, repayment by sally

‘Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an RRO. The FTT had awarded a rent repayment order and the landlord appealed, on the basis that the amount he was ordered to pay was excessive in view of the amounts he had spent on the property. The tenants were assisted by University of London Housing Services.’

Nearly Legal, 21st June 2020

Source: nearlylegal.co.uk

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

Posted June 22nd, 2020 in confiscation, enforcement notices, guilty pleas, housing, judicial review, landlord & tenant, local government, news, planning, proceeds of crime by sally

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

The Trecarrell Conundrum – Nearly Legal

Posted June 19th, 2020 in appeals, health & safety, housing, landlord & tenant, news, notification by sally

‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’

Nearly Legal, 18th June 2020

Source: nearlylegal.co.uk

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