“It must have consequences” – Nearly Legal
‘There can be little doubt that the High Court decision in Coastal Housing Group v Mitchell and Ors will have wide repercussions in Wales.’
Nearly Legal, 18th November 2024
Source: nearlylegal.co.uk
Category: landlord & tenant
Consultation on right to renew business tenancies published – Law Commission
‘Today the Law Commission has published its first consultation paper considering how the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954 (and which is called “security of tenure”), is working and whether it meets the needs of business tenants and landlords. The Commission would like to hear from businesses, landlords, their representative bodies and advisors, and anyone else affected by the legislation.’
Law Commission, 19th November 2024
Source: lawcom.gov.uk
Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys. – Local Government Lawyer
‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’
Local Government Lawyer, 14th November 2024
Source: www.localgovernmentlawyer.co.uk
The Building Safety Act: Update October 2024 – Falcon Chambers
‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’
Falcon Chambers, 28th October 2024
Source: www.falcon-chambers.com
Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022 – Falcon Chambers
‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’
Falcon Chambers, 14th October 2024
Source: www.falcon-chambers.com
Housing case law: September & October 2024 – Local Government Lawyer
‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 5th November 2024
Source: www.localgovernmentlawyer.co.uk
Improvement or remediation, or both? – Local Government Lawyer
‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession – Local Government Lawyer
‘Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
Leasehold notes – RTM notices and Rule 13 costs – Nearly Legal
‘A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27. The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on “each person who is a landlord under a lease of the whole or any part of the premises”.’
Nearly Legal, 3rd November 2024
Source: nearlylegal.co.uk
Rent determinations – Appeals – Nearly Legal
‘A note on a couple of Upper Tribunal appeals of FTT determinations of rent – because there may be more of these applications and determinations when the Renters’ Rights Bill comes into force…
Kensington Avenue Ltd v Curlin (LANDLORD AND TENANT – RENT DETERMINATION – fair rent – s.70 Rent Act 1977 – sufficiency of reasons for FTT decision on open market rent and comparable properties) (2024) UKUT 341 (LC)’
Nearly Legal, 3rd November 2024
Source: nearlylegal.co.uk
What’s another day? – Nearly Legal
‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’
Nearly Legal, 27th October 2024
Source: nearlylegal.co.uk
Unsuitable temporary accommodation and discrimination – Nearly Legal
‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’
Nearly Legal, 20th October 2024
Source: nearlylegal.co.uk
Equality Act assessors and open advice – Nearly Legal
‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’
Nearly Legal, 20th October 2024
Source: nearlylegal.co.uk
Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer
‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’
Local Government Lawyer, 16th October 2024
Source: www.localgovernmentlawyer.co.uk
The future of restructuring plans is being shaped by emerging case law – OUT-LAW.com
‘The use of restructuring plans over the past year shows that they remain an important part of the restructuring toolkit in the UK – and, as companies continue to face economic challenges, we expect they will continue to be an option for businesses in the next 12 months too.’
OUT-LAW.com, 8th October 2024
Source: www.pinsentmasons.com
Section 21 and Gas Safety Certificates – what’s in a name? – Nearly Legal
‘This might be an issue with a limited life span, if the Renters’ Rights Bill comes into force in the first half of next year, as seems possible, but for now the vexed issue of gas safety certificates and the validity of section 21 notices rumbles on. The issue in this case was whether the GSCs served by the landlord were valid under Regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998. There is also an address to the issue of whether a landlord needs to serve a GSC within 12 months of the previous inspection. Usual caveats apply – first instance County Court District Judge decision so not binding or precedent.’
Nearly Legal, 6th October 2024
Source: nearlylegal.co.uk
The meaning of unfitness – Nearly Legal
‘This is a Circuit Judge (HHJ Melissa Clarke) judgment on, amongst other things, what amounts to unfitness for human habitation under sections 9A and 10 Landlord & Tenant Act 1985, and when the Court can make such a finding. As far as I know, it is the first judgment where this specific issue was argued, certainly at Circuit Judge level. I gather that permission to appeal was sought by Red Kite at the hearing, and refused, so there is the possibility of an appeal to the High Court.’
Nearly Legal, 29th September 2024
Source: nearlylegal.co.uk
Upper Tribunal dismisses landlord’s appeal despite ‘serious procedural irregularity’ in rent repayment case – Law Society’s Gazette
‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’
Law Society's Gazette, 23rd September 2024
Source: www.lawgazette.co.uk
Unreasonable conduct and a leasehold mess – Nearly Legal
‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC)
This was the appellant leaseholders’ appeal from an FTT decision refusing them Rule 13 costs on the freeholder/managing agent’s application for determination of breach of lease which was dismissed for lack of jurisdiction. It isn’t so much of interest for the decision itself (though that is interesting) but about what the conduct of the freeholder, the tangle of the law and the messy outcome say about the state of leasehold law in general.’
Nearly Legal, 22nd September 2024
Source: nearlylegal.co.uk
Insolvency cover clarified – Peabody Trust v NHBC – Local Government Lawyer
‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’
Local Government Lawyer, 20th September 2024
Source: www.localgovernmentlawyer.co.uk
