‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’
UK Human Rights Blog, 22nd April 2020
Source: ukhumanrightsblog.com
‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’
Blackstone Chambers, 21st April 2020
Source: www.blackstonechambers.com
‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’
The Guardian, 23rd April 2020
Source: www.theguardian.com
‘The government has won an appeal over its controversial right to rent scheme, which was last year ruled by the high court to be racially discriminatory.’
The Guardian, 21st April 2020
Source: www.theguardian.com
‘In these strange and confusing times, every aspect of our legal system has been touched by delays, adjournments, revision and fundamental change. The management of housing, so reliant on face-to-face contact at all stages, has been subject to significant amendment.’
Park Square Barristers, 14th April 2020
Source: www.parksquarebarristers.co.uk
‘The procedure by which a landlord may recover arrears of rent in relation to commercial premises was fundamentally changed several years ago. Chapter 2 of the Tribunals, Courts and Enforcement Act 2007 abolished the common law right to distrain for arrears of rent, replacing it with the commercial rent arrears recovery procedure (‘CRAR’). But what has been the impact of this change on whether a landlord taking enforcement action to recover arrears waived his right to forfeiture of a lease?’
Tanfield Chambers, 9th April 2020
Source: www.tanfieldchambers.co.uk
‘The Upper Tribunal considered the status of service charges recovered by a manager appointed under section 24 of the Landlord and Tenant Act 1987.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’
Pump Court Chambers, 7th April 2020
Source: www.pumpcourtchambers.com
‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’
Becket Chambers, 3rd April 2020
Source: becket-chambers.co.uk
‘In Freehold Properties 250 Ltd v Field and others [2020] EWHC 792 (Ch) (Marcus Smith J) the court considered: (i) whether a tenant has a right to enfranchise under the Leasehold Reform Act 1967 (“the 1967 Act”) where the structural parts (i.e. the roof, foundations and load-bearing walls) of the house are excluded from the demise; and (ii) whether the exclusion of the structural parts is void under s.23(1) of the 1967 Act.’
Each Other, 14th April 2020
Source: www.tanfieldchambers.co.uk
‘Since the outbreak of the coronavirus pandemic and the coming into force of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (the Regulations) much ink has been spilled about the frustration of leases. While the rapidly expanding body of literature makes interesting reading, it is largely irrelevant for real-world landlords and tenants. No one really wants to argue frustration. Tenants may not want to pay rent, but (unless quitting their business altogether, in which case they may not be overly concerned about past rent) they certainly don’t want to be out on their ear: a necessary corollary of a successful frustration plea.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’
33 Bedford Row, 9th April 2020
Source: www.33bedfordrow.co.uk
‘The UK is currently grappling with what is hoped to be the peak of the Coronavirus crisis. Landlords and tenants have both been hit: government guidance and legislation has prevented many tenants from using premises as they expected, and prevented landlords from forfeiting leases or seeking possession. Both may feel that they are locked into a bargain that they could not have anticipated and want to escape from. But can they?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘Leasehold enfranchisement and right to manage practitioners are used to dealing with unexpected developments, tight deadlines and strict rules. They ought therefore to be well placed to manage the difficulties presented by the Coronavirus crisis. Nonetheless, the present circumstances are undoubtedly challenging for those acting for landlords or tenants in enfranchisement, lease extension and right to manage matters.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘In its latest decision on the modification of restrictive covenants in leases under s. 84, the Lands Tribunal has refused to modify a use covenant in a long lease prohibiting the use of the demised premises in question as a hotel.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘In recent years the rise of e-commerce has challenged the traditional High Street model as we know it. The high attrition rates on the High Street have been widely reported. For those retailers who have sought to avoid closing their businesses, Company Voluntary Agreements (“CVA’s”) have become popular in order to allow shops to keep trading.’
3PB, 9th April 2020
Source: www.3pb.co.uk
‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’
UK Human Rights Blog, 8th April 2020
Source: ukhumanrightsblog.com
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