Category: landlord & tenant

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) Tipples J – Landmark Chambers

Posted June 12th, 2020 in chambers articles, forfeiture, housing, landlord & tenant, local government, news, repossession by sally

‘A flexible tenancy is a species of secure tenancy which is granted for a fixed term of at least two years (s.107A-D, Housing Act 1985). At the end of the fixed term, the landlord has a mandatory ground for possession (s.107D). During the fixed term, commentators have differed on how the landlord can terminate the tenancy. In Flexible Tenancies and Forfeiture, [2014] Journal of Housing Law 17 (Andrew Dymond), it was suggested that the tenancy needed to include a forfeiture clause and the fixed term needed to be terminated by way of forfeiture (see s.82(3), 1985 Act). By contrast, in In a Fix New Law Journal, 29 June 2012 (Jon Holbrook), it was suggested that a flexible tenancy could be determined in the same manner as a periodic secure tenancy, i.e. by the landlord obtaining and executing an order for possession.’

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Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer

Posted June 12th, 2020 in appeals, housing, landlord & tenant, local government, London, news, penalties, tribunals by sally

‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Landlord’s certification conclusive and binding on issues of law? – Hardwicke Chambers

Posted June 11th, 2020 in covenants, landlord & tenant, news, rent, repairs, service charges, set-off by sally

‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’

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Hardwicke Chambers, 10th June 2020

Source: hardwicke.co.uk

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020] UKUT 163 (LC) Martin Rodger QC, Deputy President – Landmark Chambers

Posted June 10th, 2020 in appeals, housing, landlord & tenant, leases, news, service charges, time limits, tribunals by sally

‘The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular, s.20B(1), 1985 Act provides that a tenant is not liable to pay service charges which were incurred more than 18 months before a demand for payment was served on the tenant. That provision does not apply if, within the same 18 month period, the tenant is notified in writing that the costs have been incurred and that he will subsequently be required under the terms of his lease to contribute to them by payment of a service charge (s.20B(2)). In Brent LBC v Shulem B Association Ltd [2011] 1 WLR 3014, the High Court held that the “demand” for the purposes of s.20B(1) had to be a contractually valid demand. That decision was approved – without argument to the contrary – in Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139.’

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Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

Posted June 10th, 2020 in chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, news, practice directions, repossession, time limits by sally

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

Posted June 8th, 2020 in civil justice, consultations, coronavirus, debts, housing, judges, landlord & tenant, local government, news, remote hearings, rent, repossession, statistics, time limits by sally

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

Not not Nemcova – Nearly Legal

Posted June 8th, 2020 in appeals, covenants, housing, landlord & tenant, leases, news, tribunals by sally

‘Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short let use not to be in breach of lease (for cunning reasons I’ll come back to) and the head lessor had appealed to the Upper Tribunal. The decision upholds the Nemcova line on “private residence” use, but also has a finding of interest on “business use”.’

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Nearly Legal, 6th June 2020

Source: nearlylegal.co.uk

Tenant eviction ban in England and Wales extended by two months – The Guardian

Posted June 8th, 2020 in coronavirus, debts, government departments, housing, landlord & tenant, news, rent, repossession, time limits by sally

‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’

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The Guardian, 6th June 2020

Source: www.theguardian.com

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term – Local Government Lawyer

Posted June 5th, 2020 in debts, fixed-term contracts, forfeiture, housing, landlord & tenant, local government, news, rent, repossession by sally

A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Thousands of UK tenants face losing home when eviction ban ends – The Guardian

Posted June 5th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession by sally

‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’

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The Guardian, 4th June 2020

Source: www.theguardian.com

Business rates relief: an empty promise? – Falcon Chambers

Posted June 4th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rates by sally

‘Even before the current Covid-19 outbreak, non-domestic rates were a critical concern for landlords and tenants of business premises alike. This crisis, and subsequent lockdown, has provoked even closer focus on the issue, and led to some major changes to the rates regime.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The consequences of breaching absolute covenants – Tanfield Chambers

Posted June 4th, 2020 in covenants, landlord & tenant, leases, news, Supreme Court by sally

‘Residential leases can last a long time. A lot can change in 99 years or 999 years. What the landlord deemed an absolute “no-no” in 1965 might not seem such a bad idea now. However, following the Supreme Court’s decision in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18; [2020] PLSCS 84 if the landlord has given other leaseholders in the block the benefit of a mutual enforceability covenant, the landlord will put itself in breach of covenant if it gives a tenant permission to do something which would breach an absolute covenant. The consequences of this decision are potentially far reaching.’

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Tanfield Chambers, 13th May 2020

Source: www.tanfieldchambers.co.uk

Shine on you crazy Dymond* – Nearly Legal

Posted June 3rd, 2020 in fixed-term contracts, housing, landlord & tenant, news, repossession by sally

‘This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This was a trial of a preliminary issue, transferred to the High Court, of “the correct manner in which to determine a secure flexible tenancy during the fixed term (including whether, and if so how, any principles relating to forfeiture apply)”. The claim ws brought during the fixed term.’

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Nearly Legal, 2nd June 2020

Source: nearlylegal.co.uk

36 Emergency Powers Group Newsletter – The 36 Group

Posted June 3rd, 2020 in assault, burden of proof, chambers articles, coronavirus, emergency powers, freedom of movement, human rights, immigration, landlord & tenant, news by sally

‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

Posted June 3rd, 2020 in appeals, chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Residential Service Charge – Time for Reform? – Becket Chambers

Posted June 3rd, 2020 in chambers articles, housing, interpretation, landlord & tenant, limitations, news, service charges by sally

‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’

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Becket Chambers, 27th May 2020

Source: becket-chambers.co.uk

Distinguishing a Crock from a Gater – Hardwicke Chambers

Posted June 2nd, 2020 in covenants, landlord & tenant, news, service charges by sally

‘[Landlord & Tenant Act 1985] s.27A(6) provides that:

An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—(a) in a particular manner, or (b) on particular evidence,
of any question which may be the subject of an application under subsection (1) …’

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Hardwicke Chambers, 28th May 2020

Source: hardwicke.co.uk

Residential property – the complications of renting to a healthcare company to enable care of an individual – Hardwicke Chambers

Posted May 29th, 2020 in agreements, care homes, landlord & tenant, news by sally

‘A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are “on duty”. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?’

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Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Commercial Leases & Insolvency – An Overview – Pump Court Chambers

Posted May 29th, 2020 in coronavirus, insolvency, landlord & tenant, leases, news, rent by sally

‘With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world.’

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Pump Court Chambers, 26th May 2020

Source: www.pumpcourtchambers.com