Category: landlord & tenant

Banning Order? Simples – Nearly Legal

Posted May 28th, 2021 in fines, fire, health & safety, housing, landlord & tenant, licensing, local government, news by tracey

“LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes. A banning order! One of – if we are being honest – far too few to date (even taking into account the time lag for relevant offences, prosecutions and applications). But one that can be heartily celebrated as thoroughly deserved, featuring as it does Simple Properties Management Ltd and its sole director, Miguel Cabeo Cespedes. We have come across SPM a few times in the past, as will become apparent, and sometimes it is a pleasure to see such acquaintances get their just deserts.”

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Nearly Legal, 26th May 2021

Source: nearlylegal.co.uk

The Cram Slam – Part 26A Restructuring Plans and Commercial Leases – Local Government Lawyer

Posted May 28th, 2021 in company law, debts, insolvency, landlord & tenant, news by tracey

‘David Nelson looks at the impact on landlords of a controversial High Court decision to allow a restructuring plan for a chain of health clubs.’

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Local Government Lawyer, 28th May 2021

Source: www.localgovernmentlawyer.co.uk

The Inferno of the private rental sector – Nearly Legal

Posted May 24th, 2021 in debts, housing, landlord & tenant, news, rent by tracey

‘For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented sector, rent repayment order decisions are a good way to find displayed what Dante tells us are the three conditions of sin – incontinence, vice, and brute bestiality.’

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Nearly Legal, 23rd May 2021

Source: nearlylegal.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

Posted May 14th, 2021 in appeals, chambers articles, consultations, housing, landlord & tenant, news, service charges by sally

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

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Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Less Notice! More Forms! End of eviction ban! – Nearly Legal

Posted May 13th, 2021 in coronavirus, landlord & tenant, news, notification, regulations, rent, repossession, time limits by sally

‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’

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Nearly Legal, 12th May 2021

Source: nearlylegal.co.uk

Rent Repayment Order and legal costs – Nearly Legal

Posted May 10th, 2021 in costs, documents, housing, landlord & tenant, licensing, news, rent by tracey

‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’

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Nearly Legal, 9th May 2021

Source: nearlylegal.co.uk

Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com

Posted April 29th, 2021 in debts, landlord & tenant, leases, news, rent by sally

‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’

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OUTLAW.com, 28th April 2021

Source: www.pinsentmasons.com

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

Posted April 29th, 2021 in appeals, forfeiture, landlord & tenant, leases, local government, news, Supreme Court by sally

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Relief from forfeiture – Don’t dilly dally on the way – Nearly Legal

Posted April 19th, 2021 in appeals, delay, equity, forfeiture, landlord & tenant, news, time limits by tracey

‘Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492. This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was whether a relief from forfeiture application made just within 6 months of the date of forfeiture was brought with ‘reasonable promptitude’ for the purposes of the equitable relief from from forfeiture.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

No loss, no gain, no mesne profit? – New Square Chambers

Posted April 15th, 2021 in estoppel, landlord & tenant, leases, mesne profits, news by sally

‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’

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New Square Chambers, 1st April 2021

Source: www.newsquarechambers.co.uk

About 700,000 renters served with ‘no-fault’ eviction notices since start of pandemic – The Guardian

Posted April 15th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by sally

‘About 700,000 renters are estimated to have been served with “no-fault” eviction notices since the start of the pandemic, despite a government promise to scrap the practice.’

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The Guardian, 15th April 2021

Source: www.theguardian.com

Rent Repayment Orders and Multiple Offences – 3PB

Posted April 14th, 2021 in chambers articles, housing, landlord & tenant, news by sally

‘The term ‘rogue landlords’ has been around for many years.’

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3PB, 18th March 2021

Source: www.3pb.co.uk

Only 39 rogue landlords and agents hit with banning orders – The Guardian

Posted April 6th, 2021 in housing, landlord & tenant, news, penalties by sally

‘Only 39 landlords and agents have received government banning orders since new powers came into force three years ago to remove England’s worst rental property owners.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Domestic abuse: Women ‘could die in unregulated refuges’ – BBC News

Posted March 26th, 2021 in bills, domestic violence, housing, landlord & tenant, local government, news, women by tracey

‘Domestic abuse support groups have warned that women will be unsafe if unregulated refuges are allowed to continue offering accommodation. One organisation said “women could die” if the practice does not stop. They fear the government’s Domestic Abuse Bill could see private landlords offering rooms for vulnerable women fleeing violence.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

Arrears, conduct and Tribunal discretion on RRO awards – Nearly Legal

Posted March 22nd, 2021 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by tracey

‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer

Posted March 11th, 2021 in bailiffs, coronavirus, landlord & tenant, news, notification, repossession, time limits by sally

‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’

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Local Government Lawyer, 10th March 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

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Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Leasehold miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

Posted March 1st, 2021 in confiscation, housing, landlord & tenant, local government, London, news, planning, proceeds of crime by tracey

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

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The Guardian, 28th February 2021

Source: www.theguardian.com