‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’
Nearly Legal, 20th October 2024
Source: nearlylegal.co.uk
‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’
Local Government Lawyer, 16th October 2024
Source: www.localgovernmentlawyer.co.uk
‘The use of restructuring plans over the past year shows that they remain an important part of the restructuring toolkit in the UK – and, as companies continue to face economic challenges, we expect they will continue to be an option for businesses in the next 12 months too.’
OUT-LAW.com, 8th October 2024
Source: www.pinsentmasons.com
‘This might be an issue with a limited life span, if the Renters’ Rights Bill comes into force in the first half of next year, as seems possible, but for now the vexed issue of gas safety certificates and the validity of section 21 notices rumbles on. The issue in this case was whether the GSCs served by the landlord were valid under Regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998. There is also an address to the issue of whether a landlord needs to serve a GSC within 12 months of the previous inspection. Usual caveats apply – first instance County Court District Judge decision so not binding or precedent.’
Nearly Legal, 6th October 2024
Source: nearlylegal.co.uk
‘This is a Circuit Judge (HHJ Melissa Clarke) judgment on, amongst other things, what amounts to unfitness for human habitation under sections 9A and 10 Landlord & Tenant Act 1985, and when the Court can make such a finding. As far as I know, it is the first judgment where this specific issue was argued, certainly at Circuit Judge level. I gather that permission to appeal was sought by Red Kite at the hearing, and refused, so there is the possibility of an appeal to the High Court.’
Nearly Legal, 29th September 2024
Source: nearlylegal.co.uk
‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’
Law Society's Gazette, 23rd September 2024
Source: www.lawgazette.co.uk
‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC)
This was the appellant leaseholders’ appeal from an FTT decision refusing them Rule 13 costs on the freeholder/managing agent’s application for determination of breach of lease which was dismissed for lack of jurisdiction. It isn’t so much of interest for the decision itself (though that is interesting) but about what the conduct of the freeholder, the tangle of the law and the messy outcome say about the state of leasehold law in general.’
Nearly Legal, 22nd September 2024
Source: nearlylegal.co.uk
‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’
Local Government Lawyer, 20th September 2024
Source: www.localgovernmentlawyer.co.uk
‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’
Nearly Legal, 15th September 2024
Source: nearlylegal.co.uk
‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’
Nearly Legal, 11th September 2024
Source: nearlylegal.co.uk
‘Landlords in England and Wales will be banned from renting out their properties for more than the advertised price under reforms set out by the government on Wednesday, as ministers seek to stop expensive bidding wars.’
The Guardian, 11th September 2024
Source: www.theguardian.com
‘Kumar v Kolev & Ors (2024) UKUT 255 (LC). An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our note), no RRO could be made against him.’
Nearly Legal, 8th September 2024
Source: nearlylegal.co.uk
‘A tenants’ rights group is fighting for justice for residents of university halls who claim health affected by conditions.’
The Guardian, 7th September 2024
Source: www.theguardian.com
‘This brief article, written by Christopher Buckingham, considers the law of forfeiture in the light of the recent High Court decision of The Tropical Zoo Limited v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).’
St Philips Barristers, 15th August 2024
Source: st-philips.com
‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’
Landmark Chambers, 16th August 2024
Source: landmarkchambers.co.uk
‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’
St Philips Barristers, 19th August 2024
Source: st-philips.com
‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’
BBC News, 28th August 2024
Source: www.bbc.co.uk
‘Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast.’
Nearly Legal, 26th August 2024
Source: nearlylegal.co.uk
‘Eloise Marriott analyses the Court of Appeal’s ruling in a case where it considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’
Local Government Lawyer, 23rd August 2024
Source: www.localgovernmentlawyer.co.uk
‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’
Nearly Legal, 19th August 2024
Source: nearlylegal.co.uk
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