‘A radical proposal by an influential human rights thinktank to resolve housing disputes – a sector blighted by “advice deserts” – has divided housing lawyers.’
Law Society's Gazette, 10th March 2020
Source: www.lawgazette.co.uk
‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’
Nearly Legal, 8th March 2020
Source: nearlylegal.co.uk
‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’
Nearly Legal, 3rd March 2020
Source: nearlylegal.co.uk
‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’
Practical Law Construction Blog, 26th February 2020
‘The battle against the discriminatory practice of landlords not renting to benefit claimants has intensified after legal victories by two single mothers.’
BBC News, 26th February 2020
Source: www.bbc.co.uk
‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’
Ropewalk Chambers, February 2020
Source: www.ropewalk.co.uk
‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’
St Ives Chambers, 20th February 2020
Source: www.stiveschambers.co.uk
‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’
Garden Court Chambers, 25th February 2020
Source: www.gardencourtchambers.co.uk
‘General damages will take two forms. The first, and probably least controversial, is that the tenant is not to be required to contribute towards the costs of the remedial works and, to the extent that there might be a contractual obligation to do so (e.g. by way of a service charge) damages need to be awarded: see Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC), (2015) 1 WLR 3663 (a Defective Premises Act 1972 claim) and Daejan Properties Ltd v Griffin (2014) UKUT 0206 (LC) (a long leasehold service charge case).’
Nearly Legal, 23rd February 2020
Source: nearlylegal.co.uk
‘Local councils in England must be given powers to regulate Airbnb and other short-term letting sites in order to alleviate the “intolerable” pressure they put on the availability of local housing, the Green party MP, Caroline Lucas, has said.’
The Guardian, 21st February 2020
Source: www.theguardian.com
‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’
Nearly Legal, 22nd February 2020
Source: nearlylegal.co.uk
‘Does an error in a section 8 notice – in this case specifically as to the earliest date on which possession proceedings can begin – invalidate the notice?’
Nearly Legal, 22nd February 2020
Source: nearlylegal.co.uk
‘Section 21 of the 1988 Housing Act allows landlords to evict tenants without a reason once their contract comes to an end, or give them notice of the “intention to evict” two months before it ends. They are often used by landlords who want to sell their properties.’
BBC News, 20th February 2020
Source: www.bbc.co.uk
‘Two important protocols have been revised that apply to social housing providers with effect from 13 January 2020.’
St Ives Chambers, 4th February 2020
Source: www.stiveschambers.co.uk
‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.’
Local Government Lawyer, 12th February 2020
Source: www.localgovernmentlawyer.co.uk
‘In this month’s newsletter Daniel Gatty considers airspace, subsoil and rights of first refusal, in an article in part taken from his recent book, A Practical Guide to Rights over Airspace and Subsoil, available to purchase: here.’
Hardwicke Chambers, January 2020
Source: hardwicke.co.uk
‘For individual landlords unfamiliar with the courts, recovering possession from tenants must often seem like a daunting proposition. It is therefore unsurprising that many such landlords turn to the wide variety of landlord advice companies that advertise support and assistance. These advice companies often offer different ‘packages’, ranging from simply drafting letters before action to pursuing possession orders right through to judgment.’
Pallant Chambers, 30th January 2020
Source: www.pallantchambers.co.uk
‘In York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch), [2019] 3 WLR 727 Zacaroli J. was asked to resolve various issues under the 1987 Act in a case where a husband and wife owned the freehold of a block of flats and, to preserve its development value, granted one or other of themselves leases of various parts of the block and its surroundings at peppercorn rents.’
Hardwicke Chambers, 23rd January 2020
Source: hardwicke.co.uk
‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
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