‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’
Tanfield Chambers, 30th July 2020
Source: www.tanfieldchambers.co.uk
‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’
Falcon Chambers, 29th June 2020
Source: www.falcon-chambers.com
‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘What happens when a landlord:
a. On the one hand, gives Tenant A a licence to do something which would otherwise be a breach of Tenant A’s lease, but;
b. On the other hand, is under an obligation to Tenant B to enforce the covenants in Tenant 1’s lease?’
St Ives Chambers, 6th July 2020
Source: www.stiveschambers.co.uk
‘Housing charity Shelter has called for emergency changes to the Housing Act to prevent large numbers of private renters from being evicted when the ban on evictions ends on 23rd August.’
Local Government Lawyer, 7th July 2020
Source: www.localgovernmentlawyer.co.uk
‘The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice?’
Nearly Legal, 7th July 2020
Source: nearlylegal.co.uk
‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’
Nearly Legal, 4th July 2020
Source: nearlylegal.co.uk
‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’
Nearly Legal, 5th July 2020
Source: nearlylegal.co.uk
‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’
Nearly Legal, 1st July 2020
Source: nearlylegal.co.uk
‘The High Court in Faiz considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture.’
St Ives Chambers, June 2020
Source: www.stiveschambers.co.uk
‘The recent case of Faiz & Ors v Burnley Borough Council [2020] EWHC 407 (Ch) provides clarity on a tricky practical issue: when can a landlord accept monies after it gains knowledge of its right to forfeit?’
Hardwicke Chambers, 17th June 2020
Source: hardwicke.co.uk
‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’
St Ives Chambers, 23rd June 2020
Source: www.stiveschambers.co.uk
‘Residential landlords may well be familiar with, and will quite possibly have fallen foul of, the statutory requirements placed upon them in respect of gas safety certificates. The case of Caridon Property Ltd v Shooltz (02/02/18, unreported but the judgment is available online) providing, until yesterday, unbinding but highly persuasive authority that landlords who fail to serve a copy of the most recent gas safety certificate prior to a tenant entering in to occupation of the relevant property could not rely upon the no-fault eviction process provided by section 21 of the Housing Act 1988 and, as per the County Court appeal judgment of HHJ Luba QC, could never rectify the error. The decision, which was regularly followed by district judges and deputy district judges in the County Court throughout the country, placed landlords in a position where, unless they were able to rely upon any of the grounds set out Schedule 2 of the 1988 Act and therefore serve a section 8 notice, they had no way of evicting tenants, even though they were purportedly assured shorthold tenants.’
3PB, 19th June 2020
Source: www.3pb.co.uk
‘Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an RRO. The FTT had awarded a rent repayment order and the landlord appealed, on the basis that the amount he was ordered to pay was excessive in view of the amounts he had spent on the property. The tenants were assisted by University of London Housing Services.’
Nearly Legal, 21st June 2020
Source: nearlylegal.co.uk
‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’
Local Government Lawyer, 19th June 2020
Source: www.localgovernmentlawyer.co.uk
‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’
Nearly Legal, 18th June 2020
Source: nearlylegal.co.uk
‘Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee of one of those other flats, without being in breach of the latter covenant?’
Becket Chambers, 11th June 2020
Source: becket-chambers.co.uk
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