Exposing rogue landlords: ‘The deck feels stacked against tenants’ – The Guardian

‘Simon Goodley explains how the Guardian uncovered the secret world of convicted landlords who continue to operate – and exploit – with impunity.’

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The Guardian, 8th December 2018

Source: www.theguardian.com

Rogue landlord in Harrow faces jail if he doesn’t pay £1.5m fine – The Guardian

Posted December 6th, 2018 in fines, landlord & tenant, news, planning by sally

‘A rogue landlord who illegally carved up family homes to create cramped bedsits and charged tenants hundreds of pounds a month is facing prison unless he pays what is believed to be a record £1.5m penalty for breaking planning laws.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

Cross-party calls for rogue landlords to lose properties – The Guardian

Posted November 30th, 2018 in confiscation, housing, landlord & tenant, news by sally

‘MPs have called on the government to confiscate properties from the country’s worst landlords after a series of revelations about tenants being exploited by rogue sections of the private rented housing sector.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

Rogue landlords: 90% of local authorities fail to issue fines – The Guardian

Posted November 29th, 2018 in enforcement, fines, housing, landlord & tenant, local government, news, statistics by sally

‘Almost 90% of local authorities failed to use new powers to fine rogue landlords last year, in the latest finding to suggest tenants are being failed by a lax enforcement regime.’

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The Guardian, 29th November 2018

Source: www.theguardian.com

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

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Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

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Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Ministers unveil ‘housing court’ proposals to speed up disputes between landlords and tenants – The Independent

Posted November 14th, 2018 in consultations, courts, housing, landlord & tenant, news by sally

‘Ministers have unveiled plans for a specialist “housing court” to speed up the settlement of property disputes between landlords and tenants.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by sally

‘Or, the significance of tenancy agreement clauses.’

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Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Landlords threaten council with legal action over selective licensing plans- Local Government Lawyer

Posted November 5th, 2018 in judicial review, landlord & tenant, licensing, local government, news by sally

‘The Residential Landlords Association (RLA) has threatened Great Yarmouth Borough Council with a judicial review challenge over the local authority’s selective licensing plans.’

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Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Succession and discrimination – death or divorce – Nearly Legal

Posted October 29th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘This was a challenge, arising from a possession claim, to the ‘one succession’ rule on secure tenancies.’

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Nearly Legal, 28th October 2018

Source: nearlylegal.co.uk

A way to deal with delinquent lessors? – Nearly Legal

Posted October 26th, 2018 in covenants, landlord & tenant, leases, news by sally

‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’

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Nearly Legal, 24th October 2018

Source: nearlylegal.co.uk

Property Guardians – licence not tenancy in office building – Nearly Legal

Posted October 26th, 2018 in landlord & tenant, leases, news, repossession by sally

‘Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB). This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a first instance possession judgment that found his occupation was under a licence, not a tenancy.’

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Nearly Legal, 23rd October 2018

Source: nearlylegal.co.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Tenants will get access to rogue landlord database, says PM – The Guardian

Posted October 25th, 2018 in housing, landlord & tenant, local government, news by sally

‘Theresa May has pledged to give tenants access to the government’s new rogue landlord database after a Guardian and ITV News investigation revealed that not a single name had been entered into the system in more than six months since its launch – and that even when landlords’ names were listed, the public would not be allowed to see them.’

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The Guardian, 24th October 2018

Source: www.theguardian.com

The rogue landlord’s loopholes: how the law fails renters – The Guardian

Posted October 24th, 2018 in enforcement, housing, landlord & tenant, licensing, local government, news by sally

‘The legislation designed to catch rogue landlords is vast and very complex. Landlords can be prosecuted under various pieces of law, including the Housing Act (2004), the Protection from Eviction Act (1977), the Health and Safety at Work Act (1974) and Regulatory Reform (Fire Safety) Order (2005). All of that legislation creates a confusing landscape. It can be difficult to work out how it all fits together, and even within individual acts there are loopholes.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com