Delay to ‘Awaab’s law’ risks lives of social housing tenants in England, Shelter says – The Guardian

‘The housing charity Shelter has criticised the government for putting lives at risk by delaying a law to make social landlords in England fix dangerous hazards quickly.’

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The Guardian, 6th February 2025

Source: www.theguardian.com

Law to make social landlords fix mould in force from October – BBC News

‘Landlords will be forced to investigate and fix damp and mould in social housing in England within strict timescales from October, the government has announced.’

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BBC News, 6th February 2025

Source: www.bbc.co.uk

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

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Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

Access injunctions: not as straightforward as they may seem… – Local Government Lawyer

‘Jane Talbot discusses how some of the issues faced by social landlords when it comes to obtaining access injunctions can be overcome.’

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Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

DWP program that automatically approves landlord benefit deduction requests ruled unlawful – The Guardian

‘A “computer says yes” program that automatically approves landlord requests to deduct hundreds of pounds from tenants’ universal credit benefits without requiring officials to check first with the claimant has been declared unlawful by the courts.’

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The Guardian, 26th January 2025

Source: www.theguardian.com

Service of documents – post and deemed service – Nearly Legal

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

The importance of Jervis v Harris [1996] – a contractual self-help tool for landlords – Local Government Lawyer

Posted January 15th, 2025 in enforcement, housing, landlord & tenant, leases, news, repairs by sally

‘James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

Take notice of these decisions – Gatehouse Chambers

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk

Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by sally

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Orders for forced entry after injunction – Nearly Legal

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk

Trends in disrepair and complex housing claims – Local Government Lawyer

Posted December 5th, 2024 in equality, housing, human rights, landlord & tenant, news, repairs by sally

‘Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Landlord behind 15-room unlicensed HMO sentenced – Local Government Lawyer

‘Runnymede Borough Council has successfully prosecuted a landlord who converted a three-bedroom bungalow into a 15-room unlicensed house of multiple occupation (HMO).’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Fees before the Tenant Fees Act, after the Tenant Fees Act. – Nearly Legal

Posted December 2nd, 2024 in fees, landlord & tenant, news, statutory interpretation by sally

‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Lateness – excusable and otherwise – Nearly Legal

‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’

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Nearly Legal, 24th November 2024

Source: nearlylegal.co.uk

“It must have consequences” – Nearly Legal

Posted November 19th, 2024 in housing, landlord & tenant, news, Wales by sally

‘There can be little doubt that the High Court decision in Coastal Housing Group v Mitchell and Ors will have wide repercussions in Wales.’

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Nearly Legal, 18th November 2024

Source: nearlylegal.co.uk

Consultation on right to renew business tenancies published – Law Commission

Posted November 19th, 2024 in consultations, landlord & tenant, Law Commission, leases, news by sally

‘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.’

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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

Posted November 18th, 2024 in building law, fire, health & safety, landlord & tenant, news, repairs by sally

‘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.’

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Local Government Lawyer, 14th November 2024

Source: www.localgovernmentlawyer.co.uk