Category: landlord & tenant

The (absence of) reasons in Redcar – NearlyLegal

Posted October 7th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, news by sally

“You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a ‘landmark appeal‘ and ‘hope for 440,000 disabled’. Even the tenant’s landlord, who supported her, described it as ‘fantastic news’ which ‘which should give hope to hundreds of thousands of disabled people right across the country’.”

Full story

NearlyLegal, 5th October 2013

Source: www.nearlylegal.co.uk

And another one… – Nearly Legal

Posted October 2nd, 2013 in appeals, benefits, carers, children, disabled persons, domestic violence, housing, human rights, judicial review, landlord & tenant, news by tracey

“Another bedroom tax judicial review has just been issued.”

Full story

Nearly Legal 30th September 2013

Source: www.nearlylegal.co.uk/blog/

Westminster clear up – NearlyLegal

Posted September 30th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, local government, news by sally

“There has been a lot of excitement about the Westminster FTT bedroom tax appeal by Mr Surinder Lall (eg Guardian, CAB). As I mentioned in my last post on the FTT bedroom tax decisions, it was hard to tell what had happened by looking at the decision itself and the press reports. Some, like the CAB, have taken the view that it was Mr Lall’s use of the second room to hold and use equipment related to his disability (he is blind) that was the basis of the decision. If so, this would be a ‘current use’ decision and highly significant, in view of the DWP’s position that ‘tenant use’ should not be a factor.”

Full story

NearlyLegal, 28th September 2013

Source: www.nearlylegal.co.uk

Breaking news for astrophysicists: Black holes can collapse – Hardwicke Chambers

Posted September 25th, 2013 in costs, debts, insolvency, landlord & tenant, news, pensions, Supreme Court by sally

“OK, so the title perhaps implies that what follows is more interesting than it is. However, the most recent decision of the Supreme Court in the Nortel/Lehman litigation is of considerable importance for all of us, particularly in the current economic climate.”

Full story

Hardwicke Chambers, 23rd September 2013

Source: www.hardwicke.co.uk

Changing rooms – NearlyLegal

Posted September 25th, 2013 in benefits, carers, disabled persons, housing, landlord & tenant, local government, news, tribunals by sally

“The bedroom tax First Tier Tribunal decisions are coming in now. And they are intriguing. In some ways, not a surprise, in others somewhat opaque. As well as the first Fife decision, there are another four Fife decisions that I’ve now seen, and a rather frustrating one from Westminster.”

Full story

NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk

Flats less risky – NearlyLegal

Posted September 4th, 2013 in enfranchisement, interest, landlord & tenant, leases, news, tribunals by sally

“At least less risky for property investors. That is the basis of the Upper Tribunal’s decision in Voyvoda v Grosvenor West End Properties, which we have managed to miss reporting because of the Summer break.”

Full story

NearlyLegal, 3rd September 2013

Source: www.nearlylegal.co.uk

It wasn’t me – NearlyLegal

Posted August 28th, 2013 in appeals, damages, harassment, landlord & tenant, news, repossession by sally

“On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court can be taken as a reminder why this is so. There is also a reminder of the limits of Housing Act 1988 section 27(7)(a) mitigation by conduct of the tenant and of a section 27(8)(a) defence.”

Full story

NearlyLegal, 26th August 2013

Source: www.nearlylegal.co.uk

Pre-Construction Consultation and the Futility of Dispensation – Hardwicke Chambers

Posted August 22nd, 2013 in construction industry, consultations, landlord & tenant, news, service charges by sally

“Generally, any landlord who wishes to enter into a qualifying long term agreement (‘QLTA’), viz. an agreement for a term of more than 12 months (subject to certain exceptions) as a result of which any tenant will pay a service charge of more than £100 (‘the appropriate amount’) for the relevant service charge period, must either consult in accordance with the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) (‘the Regulations’) or obtain a dispensation from the First-Tier Tribunal (Property Chamber) (‘PC’). Failure to consult will result in the relevant service charge being capped at the appropriate amount.”

Full story

Hardwicke Chambers, 13th August 2013

Source: www.hardwicke.co.uk

Barrister Nadine Wilson-Ellis jailed for Bristol flat scam – BBC News

Posted August 21st, 2013 in barristers, benefits, documents, fraud, housing, landlord & tenant, news by sally

“A barrister has been sent to prison for seven months after pretending to be an unemployed single mother-of-two to get a council flat which she sub-let.”

Full story

BBC News, 20th August 2013

Source: www.bbc.co.uk

Ending it all. Or not – NearlyLegal

Posted August 15th, 2013 in landlord & tenant, news, notification by sally

“Fareham BC v Miller [2013] EWCA Civ 159 states in no uncertain terms that the common law position is that a landlord’s notice to quit is irrevocable once served.”

Full story

NearlyLegal, 14th August 2013

Source: www.nearlylegal.co.uk

Court of Appeal backs tenant forced to move out for years of repairs – Local Government Lawyer

Posted August 12th, 2013 in agreements, appeals, housing, landlord & tenant, local government, news, repairs by sally

“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”

Full story

Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

“Back to the Future” – The Retrospective Variation of Leases of Flats under the Landlord and Tenant Act 1987 – Tanfield Chambers

Posted August 6th, 2013 in landlord & tenant, leases, news, service charges, tribunals by sally

“Sometimes the draftsman gets it wrong. Sometimes his only mistake is to fail to predict the future. Either way a landlord can face a serious shortfall if the combined percentages of service charges payable under the leases for the block do not add up to 100%. While at first blush, the landlord’s shortfall is the tenants’ windfall, defective leases can seem a much less attractive prospect if the result is that the landlord is reluctant to provide services.”

Full story (PDF)

Tanfield Chambers, 27th July 2013

Source: www.tanfieldchambers.co.uk

The lawlessness of private rent lets us all down – Garden Court Chambers Blog

Posted July 31st, 2013 in bills, landlord & tenant, local government, news, rent by sally

“Liz Davies considers the ways in which landlords have benefited from the credit crisis and explores how tenants could be given increased security through five-year tenancies.”

Full story

Garden Court Chambers Blog, 30th July 2013

Source: www.gclaw.wordpress.com

Ex-wife of RAF officer fights MoD eviction order in court – Daily Telegraph

Posted July 30th, 2013 in armed forces, housing, human rights, landlord & tenant, matrimonial home, news, repossession by sally

“The former wife of an RAF squadron leader is taking on the Ministry of Defence in a High Court test case, claiming that a move to evict her — after her husband walked out — violates her human rights.”

Full story

Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Giving tenants a break – Hardwicke Chambers

Posted July 19th, 2013 in landlord & tenant, leases, news, rent by sally

“A recent case in the Chancery Division is the latest in a series concerning payment of rent as a condition of exercising a break clause: Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279; [2013] 22 EG 92. In this series of cases, tenants have sought to overcome the apparent unfairness of paying quarterly rent due in advance as a condition of exercising a break clause part way through a quarter, leading to an overpayment of rent when compared pro rata to the period of actual occupancy.”

Full story

Hardwicke Chambers, 15th July 2013

Source: www.hardwicke.co.uk

BDW Trading Ltd and another v South Anglia Housing Ltd – WLR Daily

Posted July 17th, 2013 in consultations, landlord & tenant, law reports, service charges by sally

BDW Trading Ltd and another v South Anglia Housing Ltd [2013] WLR (D) 282

“Section 20 of the Landlord and Tenant Act 1985, which provided for consultation requirements to apply to ‘qualifying long term agreements’ (‘QLTA’), had no application to a long term agreement entered into in relation to buildings which had not yet been constructed, or which were not let at the time of the agreement.”

WLR Daily, 15th July 2013

Source: www.iclr.co.uk

Jimmy Mubenga: Home Office official makes qualified apology to family – The Guardian

Posted July 17th, 2013 in asylum, consultations, contracting out, death in custody, government departments, immigration, inquests, landlord & tenant, news, restraint by sally

“David Wood, the head of the Home Office’s immigration enforcement, has given a qualified apology to the family of Jimmy Mubenga, the Angolan asylum seeker who an inquest jury last week ruled was unlawfully killed by three G4S escort guards.”

Full story

The Guardian, 16th July 2013

Source: www.guardian.co.uk

McFail – NearlyLegal

Posted July 8th, 2013 in appeals, human rights, landlord & tenant, news, proportionality, repossession, squatting, time limits, trespass by sally

“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”

Full story

NearlyLegal, 7th July 2013

Source: www.nearlylegal.co.uk

Proposals for landlord checks to tackle illegal migrants renting – Home Office

Posted July 5th, 2013 in consultations, documents, fines, immigration, landlord & tenant, press releases by tracey

“Private landlords will be required to check the immigration status of new tenants under government proposals being launched in a consultation today.”

Full press release

Home Office,3rd July 2013

Source: www.gov.uk/home-office

Private landlords face £3,000 fines for renting to illegal immigrants – Daily Telegraph

Posted July 4th, 2013 in consultations, fines, immigration, landlord & tenant, news by sally

“Private landlords face fines of up to £3,000 if they fail to inspect tenants’ passports and other identity documents to establish that they are not illegal immigrants.”

Full story

Daily Telegraph, 3rd July 2013

Source: www.telegraph.co.uk

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