Deposit penalties. How many breaches is too many?- Nearly Legal

Posted June 4th, 2019 in damages, deposits, housing, landlord & tenant, news, penalties by sally

‘A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a claim could be brought for a number of tenancies at once. This was a county court appeal to a circuit judge on exactly what counted as a claimable breach, and how many could be claimed per tenancy.’

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Nearly Legal, 3rd June 2019

Source: nearlylegal.co.uk

Possession and the PSED (again) – Nearly Legal

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk

Tenant Fees Act: landlords should read up on the new law before it comes into force, or risk a £5,000 fine – The Independent

Posted May 28th, 2019 in codes of practice, fees, fines, housing, landlord & tenant, news by sally

‘Strict new laws will dictate what a landlord can and can’t ask tenants to pay for. Both sides need to know the rules.’

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The Independent, 24th May 2019

Source: www.homesandproperty.co.uk

Principles for lawyers dealing with offshore structures published – Legal Futures

‘International standards for lawyers advising on offshore commercial structures have been put forward at the same time as parliamentarians called for stronger laws on foreign ownership of UK property.’

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Legal Futures, 20th May 2019

Source: www.legalfutures.co.uk

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by sally

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

UK property register ‘needed urgently’ to stop money laundering – The Guardian

‘Proposals for the first register of foreign-owned property aimed at preventing “McMafia-style” money laundering should be put in practice urgently and reinforced to plug potential loopholes, the government has been told.’

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The Guardian, 20th May 2019

Source: www.theguardian.com

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Family President to issue guidance to courts on secure accommodation placements and statutory regime – Local Government Lawyer

‘The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Councils to have statutory duty to deliver support in secure accommodation for survivors of domestic abuse – Local Government Lawyer

‘Councils are to be legally required for the first time to deliver support in secure accommodation for survivors of domestic abuse, the Government has announced.’

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Local Government Lawyer, 13th May 2019

Source: www.localgovernmentlawyer.co.uk

PM vows to end postcode lottery for domestic abuse victims

‘The prime minister has vowed to end the postcode lottery for those escaping domestic abuse.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by sally

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Deposits – Better to give than to receive – Nearly Legal

Posted May 7th, 2019 in appeals, deposits, housing, landlord & tenant, news, repossession by sally

‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’

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Local Government Lawyer, 29th April 2019

Source: www.localgovernmentlawyer.co.uk

Sectoral Regulation Without Section 21 – Nearly Legal

‘One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool which encouraged, or compelled, landlord compliance. Or will it have little practical effect.’

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Nearly Legal, 29th April 2019

Source: nearlylegal.co.uk

Meet The Campaigners Behind The UK’s First Social And Economic Rights Bill – Rights Info

Posted April 26th, 2019 in bills, brexit, consultations, EC law, education, health, housing, human rights, news by sally

‘Two years ago, human rights campaigners Koldo Casla and Peter Roderick first discussed creating a bill enshrining social and economic rights in the UK. With a draft version now out for consultation, their vision is creeping closer to reality. Ella Braidwood finds out more.’

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Rights Info, 25th April 2019

Source: rightsinfo.org

London borough defeats appeal over licence and secure tenancy – Local Government Lawyer

Posted April 26th, 2019 in appeals, children, homelessness, housing, landlord & tenant, local government, news by sally

‘The London Borough of Barnet has defeated an appeal over whether a woman found to be intentionally homeless but who continued to be housed under the Children Act 1989 had security of tenure.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

Allocation Policy – Local Government Law

Posted April 25th, 2019 in equality, housing, local government, news, race discrimination, refugees, travellers by sally

‘In conjoined appeals, (2019) EWCA Civ 692, R (Gullu) v Hillingdon LBC and R (Ward) v Hillingdon LBC, the Court of Appeal considered the lawfulness of Hillingdon’s housing allocation policy. The policy prioritised people who had been resident in the local area for 10 years. That was found to discriminate indirectly against protected groups.’

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Local Government Law, 23rd April 2019

Source: local-government-law.11kbw.com

Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in appeals, contracts, estate agents, housing, news, Supreme Court by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

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UKSC Blog, 24th April 2019

Source: ukscblog.com

High court suspends Home Office policy limiting support for slavery victims – The Guardian

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

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The Guardian, 17th April 2019

Source: www.theguardian.com