landlord & tenant – Page 29 – Current Awareness

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by tracey

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

Nearly Legal, 1st December 2019

Source: nearlylegal.co.uk

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants – Local Government Lawyer

Posted December 2nd, 2019 in confiscation, houses in multiple occupation, landlord & tenant, local government, news, trading standards by sally

‘Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).’

Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Camden Council obtains first rogue landlord banning order in London – Local Government Lawyer

Posted November 27th, 2019 in health & safety, housing, landlord & tenant, licensing, local government, London, news, standards by sally

‘Camden Council is reported to have obtained London’s first rogue landlord banning order against a man who repeatedly placed tenants’ lives at risk through letting unsafe housing.’

Local Government Lawyer, 26th November 2019

Source: www.localgovernmentlawyer.co.uk

No going back – Nearly Legal

Posted November 26th, 2019 in damages, landlord & tenant, news, repossession by tracey

‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’

Nearly Legal, 24th November 2019

Source: nearlylegal.co.uk

Relief from the forfeiture of a licence – Guildhall Chambers

Posted November 20th, 2019 in forfeiture, landlord & tenant, leases, news by sally

‘Traditionally it has been supposed that only tenants of leases could obtain relief from forfeiture; Grays’
Elements of Land Law 5th Ed. §4.1.69:
Only a tenant – and not a licensee – may ask for relief against forfeiture.
This has just been reversed by the Supreme Court (23rd October 2019).’

Guildhall Chambers, 7th November 2019

Source: www.guildhallchambers.co.uk

Costs and Co-operation: What Tenants Must do to Assist with Fire Safety -Radcliffe Chambers

Posted November 19th, 2019 in fire, health & safety, landlord & tenant, news by sally

‘Despite being such an important and topical issue, the key piece of fire safety legislation has received very little judicial or academic analysis. This article argues that, properly understood, the Regulatory Reform (Fire Safety) Order 2005 requires tenants to assist landlords in two ways. First, art.17 requires tenants to allow their landlord access to the demised premises to undertake fire safety repairs and improvements. Secondly, the key duties in the Order provide landlords with a strong defence to any challenge to the reasonableness of fire safety-related service charges.’

Radcliffe Chambers, 14th November 2019

Source: radcliffechambers.com

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

The future for me is already a thing of the past – Nearly Legal

Posted November 13th, 2019 in appeals, costs, housing, landlord & tenant, news, repairs, third parties by sally

‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’

Nearly Legal, 12th November 2019

Source: nearlylegal.co.uk

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

Posted November 11th, 2019 in appeals, criminal records, housing, landlord & tenant, licensing, local government, news, rent by sally

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

CVAs after the Debenhams decision – Falcon Chambers

Posted November 7th, 2019 in company law, debts, insolvency, landlord & tenant, news by sally

‘In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, the scheme of arrangement proposed by the CVA only affected the rights of landlords and rating authorities. All other creditors were to be paid in full.’

Falcon Chambers, 31st October 2019

Source: www.falcon-chambers.com

Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal

Posted November 7th, 2019 in costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’

Nearly Legal, 5th November 2019

Source: nearlylegal.co.uk

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

Posted November 7th, 2019 in appeals, bereavement, children, divorce, equality, housing, landlord & tenant, local government, news, women by tracey

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Can my landlord lock my thermostat in a box? – BBC News

Posted November 6th, 2019 in energy, houses in multiple occupation, landlord & tenant, news by sally

‘In a multi-occupancy dwelling like Alex’s, the landlord is permitted to control the heating, with no rules against boxing off the thermostat, experts say. The same is true of a standard rental property with fewer than three tenants, if the landlord pays the bills.’

BBC News, 5th November 2019

Source: www.bbc.co.uk

London borough defeats Court of Appeal challenge over succession rules – Local Government Lawyer

Posted November 4th, 2019 in housing, landlord & tenant, local government, news, succession by sally

‘The London Borough of Haringey has successfully defended a Court of Appeal challenge over the rules relating to the succession to secure council tenancies.’

Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

EPA prosecutions and costs – Nearly Legal

Posted November 1st, 2019 in compensation, costs, damages, environmental health, health & safety, housing, judicial review, jurisdiction, landlord & tenant, news, proportionality by sally

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’

Law Society's Gazette, 30th October 2019

Source: www.lawgazette.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com

Posted October 22nd, 2019 in landlord & tenant, leases, news, planning by tracey

‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’

OUT-LAW.com, 18th October 2019

Source: www.pinsentmasons.com

Rent payments, unless orders and relief from sanction – Nearly Legal

Posted October 21st, 2019 in appeals, landlord & tenant, news, rates, rent, sanctions by sally

‘This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting.’

Nearly Legal, 16th October 2019

Source: nearlylegal.co.uk

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