‘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
‘Siddeeq v Alaian. K00BF465 County Court at Mayor’s and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to arguments over the deposit prescribed information. The key question was whether information given by the landlord could be ‘prescribed information’ in relation to the deposit if it was given to the tenant before the deposit was paid.’
Nearly Legal, 13th August 2024
Source: nearlylegal.co.uk
‘The Supreme Court has unanimously dismissed an appeal finding failure to serve a claim notice on a landlord did not invalidate the transfer of the right to take over management of a block of student flats.’
Law Society's Gazette, 16th August 2024
Source: www.lawgazette.co.uk
‘The number of claims made by banks and landlords to repossess homes in England and Wales has reached the highest level in five years as households struggle with higher borrowing costs.’
The Guardian, 8th August 2024
Source: www.theguardian.com
‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’
Becket Chambers, 22nd July 2024
Source: becket-chambers.co.uk
‘Zoe McLean-Wells analyses a recent Upper Tribunal (UT) decision which considered a landlord’s ability to charge a service charge for works required to remediate inherent structural defects.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal (Lands Chamber) has been asked to decide whether a local authority should serve an improvement notice on the owner of a house in multiple occupation if there is doubt about whether a hazard exists.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’
Nearly Legal, 28th July 2024
Source: nearlylegal.co.uk
‘The First-tier Tribunal has now twice rejected an argument that the power of the Tribunal to make a remediation order under s.123 must be exercised where the threshold criteria are met.’
Falcon Chambers, 10th July 2024
Source: www.falcon-chambers.com
‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’
Local Government Lawyer, 25th July 2024
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Barnet has successfully prosecuted a tenant who illegally sublet her social housing property.’
Local Government Lawyer, 23rd July 2024
Source: www.localgovernmentlawyer.co.uk
‘Sarah Wertheim and Francesca Gallagher examine the impact of recent and upcoming changes in EPC legislation on commercial landlords.’
Local Government Lawyer, 8th July 2024
Source: www.localgovernmentlawyer.co.uk
‘Landlords have come under fire for banning prospective tenants from working from home, resulting in calls for new legislation to protect renters.’
The Independent, 7th July 2024
Source: www.independent.co.uk
‘A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297. Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies were at different rates) and b) was charged as against Accent’s management costs across its whole estate, some 3058 leasehold properties, not just this specific development.’
Nearly Legal, 30th June 2024
Source: nearlylegal.co.uk
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