‘The High Court in England recently handed down a judgment emphasising the importance of landlords not contriving development schemes to regain possession of premises in order to try to circumvent the statutory grounds of opposition to renewal of business tenancies under the 1954 Act, an expert has said.’
OUT-LAW.com, 3rd June 2024
Source: www.pinsentmasons.com
‘Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). This was a county court appeal of a first instance decision to allow an application to suspend a warrant, and vary a possession order, (Ms East had applied to set aside the possession order), obtained by Sovereign Network against its shared ownership lessee, Ms East.’
Nearly Legal, 3rd June 2024
Source: nearlylegal.co.uk
‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’
BBC News, 24th May 2024
Source: www.bbc.co.uk
‘A landlord in Kent has been sentenced to six months in prison, suspended for three years, and ordered to pay £75,000 in costs after being found in contempt of court.’
Local Government Lawyer, 22nd May 2023
Source: www.localgovernmentlawyer.co.uk
‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’
The Guardian, 16th May 2024
Source: www.theguardian.com
‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’
Nearly Legal, 6th May 2024
Source: nearlylegal.co.uk
‘Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024). Engmann was Lambeth’s secure tenant since October 2018. Since the start of the tenancy there had been damp and mould due to defects to external brickwork and a failed damp proof course. In December 2022, a leak started at the property, causing the collapse of the living room ceiling a month later. A month after that, the electrics failed and the tenant was without electricity for 6 weeks. The issues continued, with ongoing problems withe the electrics.
The tenant issued a claim for damages and works in February 2023. In March 2023, by consent order, Lambeth agreed to provide the tenant with decant accommodation from early April 2023, and to complete works by May 2023.’
Nearly Legal, 6th May 2024
Source: nearlylegal.co.uk
‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’
Tanfield Chambers, 26th April 2024
Source: www.tanfieldchambers.co.uk
‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’
Tanfield Chambers, 19th April 2024
Source: www.tanfieldchambers.co.uk
‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’
Law & Religion UK, 1st May 2024
Source: lawandreligionuk.com
‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’
Nearly Legal, 28th April 2024
Source: nearlylegal.co.uk
‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’
Gatehouse Chambers, 16th April 2024
Source: gatehouselaw.co.uk
‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’
Garden Court Chambers, 10th April 2024
Source: www.gardencourtchambers.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’
OUT-LAW.com, 15th April 2024
Source: www.pinsentmasons.com
‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’
Nearly Legal, 14th April 2024
Source: nearlylegal.co.uk
‘A recent court decision in England provides valuable lessons to landlords seeking to oppose the grant of a new lease highlighting the importance of proper preparation and planning in terms of lease renewal and property works, experts have said.’
OUT-LAW.com, 12th April 2024
Source: www.pinsentmasons.com
© Inner Temple Library 2024