Consultations on upcoming immigration bill – UK Border Agency
“The government has launched two consultations seeking views on proposed immigration legislation.”
UK Border Agency, 3rd July 2013
Source: www.ukba.homeoffice.gov.uk
Category: landlord & tenant
Game “rent on administration” case to be fast-tracked to the Court of Appeal – OUT-LAW.com
“Landlords pursuing the administrators of Game for millions of pounds in rent that went unpaid while the retailer was insolvent will have their case fast-tracked to the Court of Appeal, according to press reports.”
OUT-LAW.com, 2nd July 2013
Source: www.out-law.com
Property tribunals combine in new first-tier chamber – Law Society’s Gazette
“A new consolidated property tribunal came into existence today with a single set of procedural rules aimed at simplifying the process.”
Law Society’s Gazette, 1st July 2013
Source: www.lawgazette.co.uk
Private landlords, disability discrimination and mandatory possession claims – What is the relevance? – Hardwicke Chambers
“Last year Arthur Moore and I ran a seminar in Chancery Lane on the (then) vexed question of to what extent Article 8 and Article 1 of the First Protocol of the European Convention on Human Rights impacted upon private landlords’ possession claims.”
Hardwicke Chambers, 20th June 2013
Source: www.hardwicke.co.uk
There’s no place like home – NearlyLegal
“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”
NearlyLegal, 23rd June 2013
Source: www.nearlylegal.co.uk
Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another – WLR Daily
“Where there were intermediate leases which subsisted between the freehold and the leases of the participating tenants and which were to be acquired by the nominee purchaser on the collective enfranchisement, and a single owner of those leases or of those leases and the freehold could realise development value by developing the property for use other than as a building containing separate flats, the hope of realising such development value had to be taken into account in fixing the price to be paid for the intermediate leases.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
Tenant was able to remove items it had installed in property, High Court rules – OUT-LAW.com
“A recent High Court decision in which a tenant was entitled to remove large items it had installed on rented premises will provide comfort to developers in the energy and minerals sectors, an expert has said.”
OUT-LAW.com, 20th June 2013
Source: www.out-law.com
Superstrike Ltd v Rodrigues – WLR Daily
Superstrike Ltd v Rodrigues [2013] EWCA Civ 669; [2013] WLR (D) 235
“Where a tenant had paid a deposit under an assured shorthold tenancy for a fixed term which began before, but ended after, the commencement of section 213 of the Housing Act 2004, the landlord was obliged to deal with the deposit in accordance with an authorised scheme within 14 days of the coming into being of a new statutory periodic tenancy upon expiry of the fixed term; and by virtue of section 215(1) of the 2004 Act, non-compliance with that obligation precluded service by the landlord of a valid notice under section 21 of the Housing Act 1988.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
Granting alterations licence discharged guarantor from liability, High Court rules – OUT-LAW.com
“Granting a licence for alterations without the consent of the guarantor can be enough to discharge the guarantor’s liability under the lease, the High Court has said.”
OUT-LAW.com, 18th June 2013
Source: www.out-law.com
Deposit received, one way or another – NearlyLegal
“There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms.”
NearlyLegal, 15th June 2013
Source: www.nearlylegal.co.uk
Reading Borough Council v Holt – WLR Daily
Reading Borough Council v Holt [2013] EWCA Civ 641; [2013] WLR (D) 222
“When determining whether a possession order should be made under section 84 of the Housing Act 1985, the expression ‘suitable accommodation’ in section 84(2)(b) and (c) and Schedule 2 to the Housing Act 1985 was broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.”
WLR Daily, 7th June 2013
Source: www.iclr.co.uk
Johnson v. Old, deposits and rent paid by housing benefit – The Barristers’ Hub
“We’ve all seen the ubiquitous scene from the American court-room drama where the bespectacled and previously underrated legal assistant/student/intern etc. bursts into the back of the crowded court, and shouts ‘State v. Jones’ whilst waving the paper judgment triumphantly at the judge. The judge is thereby stopped from making the patently unjust ruling he was about to make, changing his mind in favour of the film’s protagonist. This doesn’t happen in real life, so it was with much anticipation that I awaited the case of Johnson v Old [2013] EWCA Civ 415, which I used in court less than 24 hours after it was handed down. My thanks go to Karen Reid, one of our pupils at 1 Gray’s Inn Square, who rushed from the RCJ, clutching the judgment, ink still drying from Sir John Chadwick’s quill (well, printer at least).”
The Barristers’ Hub, 12th June 2013
Source: www.barristershub.co.uk
When is an insurance premium reasonably incurred? – NearlyLegal
“In Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited [2013] UKUT 0264 (LC) [not online yet we have a transcript] the Upper Tribunal considered the question of whether an insurance premium had been reasonable incurred.”
NearlyLegal, 11th June 2013
Source: www.nearlylegal.co.uk
Shared ownership, Art 8 and A1P1 – NearlyLegal
“The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue seems to have been whether she was entitled to return of some of the amounts she had paid. Patten LJ, who gave the only substantive judgment, held that she did not have such a claim and ordered possession.”
NearlyLegal, 25th May 2013
Source: www.nearlylegal.co.uk
Loveridge v Lambeth London Borough Council – WLR Daily
Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173
“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”
WLR Daily, 10th May 2013
Source: www.iclr.co.uk
Being civil – NearlyLegal
“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”
NearlyLegal, 14th May 2013
Source: www.nearlylegal.co.uk
To be incurred or not to be incurred? – NearlyLegal
“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”
NearlyLegal, 10th May 2013
Source: www.nearlylegal.co.uk
Burr v OM Property Management Ltd – WLR Daily
Burr v OM Property Management Ltd: [2013] EWCA Civ 479; [2013] WLR (D) 164
“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
Burr v OM Property Management Ltd – WLR Daily
Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164
“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
Tenants! Be the best that you can be! – NearlyLegal
“At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory smallpox vaccinations; curfews; and cleaning rotas before 10 am for communal areas, sinks and WCs. But even the Victorian paternalists didn’t lower themselves to the patronising, small minded and teeth-grindingly passive-aggressive approach apparently in vogue for 21st century social landlords.”
NearlyLegal, 29th April 2013
Source: www.nearlylegal.co.uk
