‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’
Nearly Legal, 29th July 2021
Source: nearlylegal.co.uk
‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’
Nearly Legal, 27th July 2021
Source: nearlylegal.co.uk
‘In our new Visions of Human Rights series – we look at issues and social concerns that we currently don’t have the right to – but ones that charities and activists are asking to be reconsidered. During the pandemic, the spaces we have been confined to or unable to move from were under the spotlight like never before. Today Hannah Shewan Stevens looks at whether we should have the right to housing.’
Each Other, 26th July 2021
Source: eachother.org.uk
‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’
Local Government Lawyer, 22nd July 2021
Source: www.localgovernmentlawyer.co.uk
‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’
Nearly Legal, 18th July 2021
Source: nearlylegal.co.uk
‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’
OUT-LAW.COM, 13th July 2021
Source: www.pinsentmasons.com
‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’
Nearly Legal, 8th July 2021
Source: nearlylegal.co.uk
‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’
Mills & Reeve, 7th July 2021
Source: www.mills-reeve.com
‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’
Local Government Lawyer, 8th July 2021
Source: www.localgovernmentlawyer.co.uk
‘Dozens of Grenfell Tower fire survivors have called on a London borough to admit its “liability” for the blaze.’
BBC News, 7th July 2021
Source: www.bbc.co.uk
‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’
The Guardian, 6th July 2021
Source: www.theguardian.com
‘This is, so we have been repeatedly told, the vehicle through which the government will save leaseholders from having to pay life-changing sums to remediate the fire safety defects which are so prevalent at blocks of flats across the country. The headline is that it does not do that (nor does it contain the details of the much delayed loan scheme). To the contrary, this Bill creates a bespoke process by which landlords of “higher-risk” buildings can recover their building safety costs even if their leases do not let them do so.’
Nearly Legal, 5th July 2021
Source: nearlylegal.co.uk
‘The Housing Ombudsman has published details of more than 350 individual decisions to its online casebook on complaints made against landlords since the database’s conception in March this year.’
Local Government Lawyer, 30th June 2021
Source: www.localgovernmentlawyer.co.uk
‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’
Nearly Legal, 27th June 2021
Source: nearlylegal.co.uk
‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’
Nearly Legal, 27th June 2021
Source: nearlylegal.co.uk
‘This briefing paper considers the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire.’
House of Commons Library, 20th June 2021
Source: commonslibrary.parliament.uk
‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’
Litigation Futures, 17th June 2021
Source: www.litigationfutures.com
‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’
Nearly Legal, 6th June 2021
Source: nearlylegal.co.uk
‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’
Nearly Legal, 9th June 2021
Source: nearlylegal.co.uk
‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’
OUT-LAW.com, 3rd June 2021
Source: www.pinsentmasons.com
© Inner Temple Library 2025