‘As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the landlord to keep the property ‘in good condition’ or ‘fit to live in’ made the landlord liable for condensation mould.’
Nearly Legal, 2nd September 2019
Source: nearlylegal.co.uk
‘Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019.’
Nearly Legal, 26th August 2019
Source: nearlylegal.co.uk
‘The London Borough of Tower Hamlets has successfully prosecuted a man who fraudulently tried to take over the council tenancy of a resident who had passed away by pretending to be his nephew.’
Local Government Lawyer, 20th August 2019
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’
Nearly Legal, 18th August 2019
Source: nearlylegal.co.uk
‘A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled.’
Local Government Lawyer, 1st August 2019
Source: www.localgovernmentlawyer.co.uk
‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’
Local Government Lawyer, 1st August 2019
Source: www.localgovernmentlawyer.co.uk
‘Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court of Appeal judgment on an appeal from an appeal to a circuit judge of a first instance possession order. At issue was the effect of an application to dispense with the requirement for a notice seeking possession (via s.83(1)(b) Housing Act 1985) on the statutory time limits.’
Nearly Legal, 29th July 2019
Source: nearlylegal.co.uk
‘An Airbnb host who rented out his central London council flat to tourists has been fined £100,000 and evicted.’
BBC News, 29th July 2019
Source: www.bbc.co.uk
‘The Ministry of Housing, Communities and Local Government has launched a consultation on implementing the government’s decision to remove section 21 of the Housing Act 1988 and improving section 8 eviction grounds.’
Local Government Lawyer, 23rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘Campaigners have welcomed government plans to open up its rogue landlord database to prospective tenants, as part of proposals to give greater protection to renters.’
The Guardian, 21st July 2019
Source: www.theguardian.com
‘Land owners can prevent telecoms operators installing telecoms equipment on their property if they have a “firm, settled and unconditional intention” of redeveloping the sites the operators have earmarked, and can show that they have a reasonable prospect of being able to carry out their redevelopment plans, a tribunal has ruled.’
OUT-LAW.com, 12th July 2019
Source: www.pinsentmasons.com
‘Local authorities are failing in their duty to prosecute rogue letting agents, the National Landlords Association has claimed after its research found that more than half of 20 councils did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.’
Local Government Lawyer, 4th July 2019
Source: www.localgovernmentlawyer.co.uk
‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’
OUT-LAW.com, 24th June 2019
Source: www.pinsentmasons.com
‘A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a claim could be brought for a number of tenancies at once. This was a county court appeal to a circuit judge on exactly what counted as a claimable breach, and how many could be claimed per tenancy.’
Nearly Legal, 3rd June 2019
Source: nearlylegal.co.uk
‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’
Nearly Legal, 28th May 2019
Source: nearlylegal.co.uk
‘Strict new laws will dictate what a landlord can and can’t ask tenants to pay for. Both sides need to know the rules.’
The Independent, 24th May 2019
Source: www.homesandproperty.co.uk
‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’
Nearly Legal, 19th May 2019
Source: nearlylegal.co.uk
‘The government says it will make it easier to find out who owns empty buildings on the High Street in a bid to revitalise the UK’s retail sector.’
BBC News, 16th May 2019
Source: www.bbc.co.uk
‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’
Local Government Lawyer, 16th May 2019
Source: www.localgovernmentlawyer.co.uk
‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’
Nearly Legal, 6th May 2019
Source: nearlylegal.co.uk
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