‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’
Local Government Lawyer, 12th January 2022
Source: www.localgovernmentlawyer.co.uk
‘A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.’
Local Government Lawyer, 11th January 2022
Source: www.localgovernmentlawyer.co.uk
‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’
Local Government Lawyer, 11th January 2022
Source: www.localgovernmentlawyer.co.uk
‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’
Courts and Tribunals Judiciary , 11th January 2022
Source: www.judiciary.uk
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’
Nearly Legal, 6th December 2021
Source: nearlylegal.co.uk
‘In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.’
Local Government Lawyer, 3rd December 2021
Source: www.localgovernmentlawyer.co.uk
‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’
Nearly Legal, 30th November 2021
Source: nearlylegal.co.uk
‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’
gov.uk, 25th November 2021
Source: www.gov.uk
‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’
Nearly Legal, 16th November 2021
Source: nearlylegal.co.uk
‘The “Overall Arrangements for Possession Proceedings” – published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’
Nearly Legal, 2nd November 2021
Source: nearlylegal.co.uk
‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’
Local Government Lawyer, 26th October 2021
Source: www.localgovernmentlawyer.co.uk
‘Merton Council has successfully prosecuted a landlord and his associated property agency for letting unsafe properties and operating in an unlicensed manner.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
‘A disabled woman is to challenge the Department for Work and Pensions in court over what she calls its “immoral” policy of allowing landlords and utilities companies to automatically make deductions from monthly benefits payments without the claimant’s consent.’
The Guardian, 15th October 2021
Source: www.theguardian.com
‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’
Nearly Legal, 11th October 2021
Source: nearlylegal.co.uk
‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’
Law Society's Gazette, 11th October 2021
Source: www.lawgazette.co.uk
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