‘A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect.’
Nearly Legal, 4th March 2019
Source: nearlylegal.co.uk
‘Rules aimed at preventing illegal immigrants from renting properties are “discriminatory” and breach human rights laws, the High Court has ruled.’
BBC News, 1st March 2019
Source: www.bbc.co.uk
‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’
Panopticon, 27th February 2019
Source: local-government-law.11kbw.com
‘Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019. The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations.’
Nearly Legal, 19th February 2019
Source: nearlylegal.co.uk
‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’
Hardwicke Chambers, 15th February 2019
Source: hardwicke.co.uk
‘This was a directions hearing in a possession claim, supposedly brought by Ojo & Opaleye. The tenant, Ms M, was defending on the basis of failure to comply with deposit protection regulations.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
‘The need for the reform of landlord and tenant law is now a hot topic. The practice of selling houses on leases or imposing escalating ground rents has fuelled outrage from all quarters and put the spotlight on other areas of residential leasehold law which are long overdue for reform. While the lobbyists are unlikely to achieve their ultimate goal of the abolition of leasehold altogether, it is looking increasingly likely that the law on leasehold enfranchisement will be significantly overhauled.’
Tanfield Chambers, 30th January 2019
Source: www.tanfieldchambers.co.uk
‘Landlords would not be able to recover their legal costs from leaseholders unsuccessfully making ‘right-to-manage’ claims under proposals published by the Law Commission today. The aim is to simplify the process under which leaseholders take over day-to-day responsibility for properties – and to discourage landlords from retaining ‘expensive’ lawyers to fight such claims.’
Law Society's Gazette, 28th January 2019
Source: www.lawgazette.co.uk
‘Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. It’s not surprising that these situations are contentious: contractors are keen that practical completion is certified so as to avoid or limit their liability for liquidated damages, trigger the return of retention monies and, often, to bring about an assessment of sums they consider due under the final account. Employers may be understandably reluctant to take possession of a property which they consider defective and by resisting practical completion an employer can put pressure on a contractor by withholding sums that would otherwise become due. Practical completion is therefore an important concept in construction contracts, although one that is often not precisely defined, which can cause uncertainty and hinder the operation of the contract.’
Practical Law: Construction Blog, 23rd January 2019
‘An attempt to overturn a key pillar of the government’s hostile environment policy that forces landlords to evict or turn away tenants they believe may be in the country illegally is due to begin in the high court.’
The Guardian, 18th December 2018
Source: www.theguardian.com
‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’
The Guardian, 12th December 2018
Source: www.theguardian.com
‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’
Hardwicke Chambers, 29th November 2018
Source: hardwicke.co.uk
‘The Court of Appeal’s decision in Duval v 11–13 Randolph Crescent Ltd [2018] EWCA Civ 2298 is a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants.’
Hardwicke Chambers, 29th November 2018
Source: hardwicke.co.uk
‘Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing the certification of practical completion, the practical effect of which was to allow Mears to terminate its agreement to take a lease of the accommodation.’
4 New Square, 10th December 2018
Source: www.4newsquare.com
‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘The Law Commission is hoping to reinvigorate demand for an alternative form of property ownership that struggled to gain traction when it was introduced nearly two decades ago.’
Law Society's Gazette, 10th December 2018
Source: www.lawgazette.co.uk
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