‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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 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
‘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
‘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
‘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
‘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
‘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
‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’
Nearly Legal, 15th September 2024
Source: nearlylegal.co.uk
‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’
Nearly Legal, 11th September 2024
Source: nearlylegal.co.uk
‘Landlords in England and Wales will be banned from renting out their properties for more than the advertised price under reforms set out by the government on Wednesday, as ministers seek to stop expensive bidding wars.’
The Guardian, 11th September 2024
Source: www.theguardian.com
‘Kumar v Kolev & Ors (2024) UKUT 255 (LC). An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our note), no RRO could be made against him.’
Nearly Legal, 8th September 2024
Source: nearlylegal.co.uk
‘A tenants’ rights group is fighting for justice for residents of university halls who claim health affected by conditions.’
The Guardian, 7th September 2024
Source: www.theguardian.com
‘This brief article, written by Christopher Buckingham, considers the law of forfeiture in the light of the recent High Court decision of The Tropical Zoo Limited v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).’
St Philips Barristers, 15th August 2024
Source: st-philips.com
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