This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now.
NearlyLegal, 5th November 2014
Source: www.nearlylegal.co.uk
‘Shelter, the housing charity, is calling for a ban on “revenge evictions”, which it says are being carried out by bad landlords on tenants who dare to complain about inadequate conditions or ask for repairs to be made.’
Full story
The Guardian, 25th October 2014
Source: www.guardian.co.uk
‘The DPA 1972 is an important, but often misunderstood, piece of legislation within personal injury.’
Zenith PI Blog, 17th October 2014
Source: www.zenithpi.wordpress.com
‘Aided by a campaign from Shelter to put an end to “retaliatory eviction” in the private rented sector, Sarah Teather MP introduced a private members bill on 3rd July 2014. This is to address the situation where a tenant, making a legitimate complaint that rented premises are in a state of disrepair, is immediately met with a s. 21 notice and the accelerated procedure for possession. Rather than face up to their responsibilities, or risk a challenge in rent possession proceedings by way of defence and counterclaim for damages for disrepair, unscrupulous landlords choose simply to evict the tenant using the swift and final “no fault” route to possession.’
Full story (PDF)
Zenith Chambers, 12th September 2014
Source: www.zenithchambers.co.uk
‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’
NearlyLegal, 11th September 2014
Source: www.nearlylegal.co.uk/blog/
‘Guidance for landlords affected by the introduction of right to rent checks.’
Home Office, 3rd September 2014
Source: www.gov.uk/home-office
‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’
NearlyLegal, 3rd September 2014
Source: www.nearlylegal.co.uk
‘Housing experts have called for minimum standards to be better enforced in the private rental market to stop landlords exploiting vulnerable tenants.’
BBC News, 30th August 2014
Source: www.bbc.co.uk
‘Barnet council took the landlord of a house in Sunningfields Road, Hendon, to court after discovering he was renting a room which could not be accessed standing up. The head height along the course of the staircase was between 0.7m (27.5 inches) and 1.2m (47 inches) high and the door to the room was also reduced in size.’
The Guardian, 22nd August 2014
Soource: www.guardian.co.uk
‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’
NearlyLegal, 21st August 2014
Source: www.nearlylegal.co.uk/blog/
‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’
NearlyLegal, 12th August 2014
Source: www.nearlylegal.co.uk
‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’
Hardwicke Chambers, 6th August 2014
Source: www.hardwicke.co.uk
‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’
Hardwicke Chambers, 4th August 2014
Source: www.hardwicke.co.uk
‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’
NearlyLegal, 3rd August 2014
Source: www.nearlylegal.co.uk
Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352
‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332
‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’
WLR Daily, 23rd July 2014
Source: www.iclr.co.uk
‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘A property fund group face a near £600,000 business rates bill in Birmingham after the council in the area won a High Court ruling relating to liability for business rates due following liquidation of the tenants of a property in the city.’
OUT-LAW.com, 16th July 2014
Source: www.out-law.com
‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’
OUT-LAW.com, 9th July 2014
Source: www.out-law.com
The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
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