landlord & tenant – Page 31 – Current Awareness

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 sally

‘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 sally

‘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

Dishonourable discharge – Nearly Legal

Posted October 15th, 2019 in asylum, homelessness, housing, immigration, judicial review, landlord & tenant, local government, news, refugees, repossession, statutory duty, trafficking in human beings by sally

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

Unlicensed HMO and date of offence – Nearly Legal

Posted October 8th, 2019 in houses in multiple occupation, landlord & tenant, limitations, news, time limits by sally

‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’

Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation – Local Government Lawyer

Posted October 1st, 2019 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).’

Local Government Lawyer, 1st October 2019

Source: www.localgovernmentlawyer.co.uk

Warrants of possession – fresh grounds and Equality Act defences – Nearly Legal

Posted September 26th, 2019 in landlord & tenant, news, rent, repossession, warrants by sally

‘Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the allegations of ASB, even if the court would be minded to stay the warrant on the arrears. This was the approach in Sheffield City Council v Hopkins (2001) EWCA Civ 1023, which suggested a summary approach to fact finding in such cases.’

Nearly Legal, 22nd September 2019

Source: nearlylegal.co.uk

UK court rejects landlords’ challenge to Debenhams CVA – Pinsent Masons

Posted September 25th, 2019 in company law, debts, landlord & tenant, news, rent by michael

‘Court rejected landlords’ challenge to Debenhams’ CVA in what will be seen as a victory for retailers and a validation of “landlord only” CVAs.’

Pinsent Masons, 24th Septwmber 2019

Source: www.pinsentmasons.com

Banned leader – Nearly Legal

Posted September 18th, 2019 in fines, housing, landlord & tenant, licensing, magistrates, news by sally

’43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001. This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order against David Beattie under section 15(1) Housing and Planning Act 2016 and for a rent repayment order under section 41 H&PA 2016.’

Nearly Legal, 17th September 2019

Source: nearlylegal.co.uk

Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by sally

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Rent Repayment Orders – who is the landlord? – Nearly Legal

Posted September 17th, 2019 in housing, landlord & tenant, licensing, news, rent by sally

‘Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision). This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an application for a licence actually made by a landlord. Second, who should a rent repayment order be made against where the ostensible landlord is a company, but the property is owned by the sole director of the company.’

Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Right to manage still extends across shared estate, despite practical difficulties – Tanfield Chamber

Posted September 4th, 2019 in landlord & tenant, news, service charges by sally

‘Property analysis: A right to manage (RTM) company succeeded in its claim in the First-tier Tribunal (FTT) that the tenants of a block of flats which was part of a larger estate no longer had to pay an estate charge to the management company of the estate because the RTM company had already acquired the right to manage the estate as appurtenant property. The freeholder appealed to the Upper Tribunal and unsuccessfully sought to persuade it that the 2012 Court of Appeal Gala Unity decision on this point was wrong.’

Tanfield Chambers, 30th August 2019

Source: www.tanfieldchambers.co.uk

Landlords charge ‘pet rent’ to recoup losses after ban on unfair fees – The Guardian

Posted September 4th, 2019 in animals, fees, landlord & tenant, news, rent by sally

‘Landlords are charging “pet rent” running into hundreds of pounds a year in an attempt to recoup losses from a ban on unfair letting fees enforced by the government this summer.’

The Guardian, 3rd September 2019

Source: www.theguardian.com

Farewell to the Assured Shorthold Tenancy – Tanfield Chambers

Posted September 4th, 2019 in consultations, landlord & tenant, news, rent by sally

‘The Government is proposing to abolish Assured Shorthold Tenancies in order to stop “no fault” evictions. In this article I summarise the proposals in the Consultation Paper on which views are sought. This article was published in the Estates Gazette on 5th August 2019.’

Tanfield Chambers, 20th August 2019

Source: www.tanfieldchambers.co.uk

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