Category: landlord & tenant

Rent recovery after exercising a break clause – New Square Chambers

Posted November 5th, 2013 in contracts, landlord & tenant, leases, news, rent by sally

“A tenant’s option to determine a commercial lease (a ‘break clause’) is a common feature of the modern landlord and tenant relationship. As a result of the weak economy and the ability of tenants to determine unilaterally an unfavourable lease on terms, there have recently been a number of reported decisions concerning the disputed exercise of break clauses. The typical interests in conflict have been described in Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch) by Vos J (para 3): ‘This is a hard case for both sides. The tenant company … needs to know if it has successfully broken the lease because its future business depends on using its resources elsewhere. The landlord in these poor economic times seeks to use any argument it properly can to keep its building tenanted.'”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Don’t ignore the Court of Appeal – NearlyLegal

Posted November 1st, 2013 in appeals, damages, harassment, landlord & tenant, news, repossession by sally

“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”

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NearlyLegal, 31st October 2013

Source: www.nearlylegal.co.uk

PGF II SA v OMFS Co 1 Ltd – WLR Daily

Posted October 28th, 2013 in appeals, costs, dispute resolution, landlord & tenant, law reports, part 36 offers, repairs by sally

PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405

“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Landlords threaten legal action over mortgage rates – BBC News

Posted October 28th, 2013 in contracts, interest, landlord & tenant, mortgages, news, rent by sally

“Buy-to-let landlords are threatening to take legal action against what they say are unjustified interest rate rises.”

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BBC News, 26th October 2013

Source: www.bbc.co.uk

Landlord handed £75K confiscation order after admitting planning breaches – Local Government Lawyer

Posted October 24th, 2013 in confiscation, landlord & tenant, news, planning, proceeds of crime by sally

“A landlord who illegally split two houses into flats has been ordered to pay a London council £75,000 under the Proceeds of Crime Act.”

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Local Government Lawyer, 23rd October 2013

Source: www.localgovernmentlawyer.co.uk

High Court decision is a reminder of the dangers of a lengthy holding over period followingon lease expiry, says expert – OUT-LAW.com

Posted October 18th, 2013 in landlord & tenant, leases, news by sally

“A recent High Court decision should act as a reminder to both landlords and
tenants that the frequent practice of the tenant continuing in occupation of
commercial premises (holding over) after the expiry of some leases can lead to
unexpected consequences, an expert has said.”

Full story

OUT-LAW.com, 18th October 2013

Source: www.out-law.com

Strike while the iron’s hot – recent developments in Tenancy Deposits, with more surely on the way – Zenith Chambers

Posted October 15th, 2013 in appeals, deposits, landlord & tenant, news, repossession by sally

“The facts of this new Court of Appeal decision – on the effect of a change in tenancy status on a landlord’s duty to protect a tenancy deposit – are deceptively simple. Its wider effects on claims to recover possession are yet to be felt.”

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Zenith Chambers, 10th October 2013

Source: www.zenithchambers.co.uk

POSHFA! – NearlyLegal

Posted October 15th, 2013 in confiscation, crime, housing, landlord & tenant, news, rent by sally

“The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of ‘Unlawful Profit Orders’, which get around the decision of the Court of Appeal in Sumal v Newham London Borough Council [2012] EWCA Crim 1840 that confiscation of rent was not possible because ‘the continued receipt of the rent was not the product of the appellants crime’. (Admittedly that was a prosecution for an unlicensed property in a selective licensing area under section 95(1) of the Housing Act 2004, but the point about confiscation not being enabled under statute had broader application).”

Full story

NearlyLegal, 14th October 2013

Source: www.nearlylegal.co.uk

Do you have a Right to Rent? – NearlyLegal

Posted October 11th, 2013 in bills, housing, human rights, immigration, landlord & tenant, news by sally

“The Government has today published the Immigration Bill in the Commons. We have previously commented on this planned bill and we had been hoping that it might be quietly shelved or downgraded. However that appears not to be the case. From our point of view we are only interested in the housing related provisions in Chapter 1 of Part 3 (which start here) and I am not going to discuss the rest of the Bill.”

Full story

NearlyLegal, 10th October 2013

Source: www.nearlylegal.co.uk

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 sally

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

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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.”

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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.”

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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.”

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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.”

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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.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk