Category: landlord & tenant

Johnson v. Old, deposits and rent paid by housing benefit – The Barristers’ Hub

Posted June 13th, 2013 in appeals, benefits, deposits, housing, landlord & tenant, news, rent by sally

“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).”

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The Barristers’ Hub, 12th June 2013

Source: www.barristershub.co.uk

When is an insurance premium reasonably incurred? – NearlyLegal

Posted June 12th, 2013 in insurance, landlord & tenant, leases, news, tribunals by sally

“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.”

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NearlyLegal, 11th June 2013

Source: www.nearlylegal.co.uk

Shared ownership, Art 8 and A1P1 – NearlyLegal

Posted May 28th, 2013 in appeals, housing, landlord & tenant, leases, news, repossession by sally

“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.”

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NearlyLegal, 25th May 2013

Source: www.nearlylegal.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

Posted May 16th, 2013 in appeals, damages, harassment, landlord & tenant, law reports, local government, repossession, valuation by sally

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

Posted May 15th, 2013 in civil procedure rules, injunctions, landlord & tenant, news, service charges, striking out by sally

“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).”

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NearlyLegal, 14th May 2013

Source: www.nearlylegal.co.uk

To be incurred or not to be incurred? – NearlyLegal

Posted May 13th, 2013 in appeals, landlord & tenant, news, service charges by sally

“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.”

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NearlyLegal, 10th May 2013

Source: www.nearlylegal.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 9th, 2013 in appeals, covenants, energy, landlord & tenant, law reports, service charges, time limits by sally

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

Posted May 8th, 2013 in appeals, landlord & tenant, law reports, service charges, time limits by sally

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

Posted April 30th, 2013 in agreements, housing, landlord & tenant, local government, news by sally

“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.”

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NearlyLegal, 29th April 2013

Source: www.nearlylegal.co.uk

The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog

Posted April 26th, 2013 in appeals, housing, landlord & tenant, local government, mental health, news, trees by sally

“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”

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UK Human Rights Blog, 25th April 2013

Source: www.ukhumanrightsblog.com

A Further Deposit From the Court of Appeal – NearlyLegal

Posted April 26th, 2013 in appeals, deposits, landlord & tenant, news, rent by sally

“The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent payable in advance.”

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NearlyLegal, 23rd April 2013

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

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court

Posted April 25th, 2013 in agricultural holdings, declarations of incompatibility, landlord & tenant, law reports, partnerships, Supreme Court by sally

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) [2013] UKSC 22 | UKSC 2012/0111 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

Posted April 24th, 2013 in agricultural holdings, declarations of incompatibility, human rights, landlord & tenant, news, partnerships, retrospectivity, Scotland, Supreme Court by sally

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

‘In the sure and certain hope of the resurrection’ – Zenith Chambers

Posted April 23rd, 2013 in appeals, housing, landlord & tenant, local government, news, notification, trespass by sally

“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Daejan Investment Limited v Benson et al [2013] UKSC 14 – Zenith Chambers

Posted April 23rd, 2013 in consultations, landlord & tenant, news, Supreme Court, tribunals, valuation by sally

“This important case deals with the approach a leasehold valuation tribunal (LVT) should take in relation to applications for dispensation from complying with the consultation requirements.”

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Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Protect your deposits! Assured shorthold tenancies and rent deposits – Hardwicke Chambers

Posted April 17th, 2013 in deposits, landlord & tenant, news by sally

“It is a common problem with assured shorthold tenancies of a flat or a house. An unscrupulous landlord takes a deposit from a tenant and then, at the end of the tenancy, refuses to return the deposit on some largely trumped up basis. In effect the landlord challenges the tenant to sue him for return of the deposit. The sums involved are important to the tenant losing them, but in reality are so small that the time and money required to recover them through the Courts is disproportionate. The landlord gets a windfall.”

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Hardwicke Chambers, 15th April 2013

Source: www.hardwicke.co.uk

Anti-social behaviour – The future – Hardwicke Chambers

Posted April 17th, 2013 in anti-social behaviour, ASBOs, housing, injunctions, landlord & tenant, local government, news by sally

“In February 2011 the Home Office produced the consultation document ‘More Effective Responses to Anti-Social Behaviour’ – a response to the earlier document ‘The Coalition: our programme for government’.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Tenants to be given right to challenge rogue letting agents – The Guardian

Posted April 17th, 2013 in consumer protection, estate agents, landlord & tenant, legislative drafting, news, ombudsmen by sally

“Tenants are to be given the right to challenge rogue letting agents for the first time after the government agreed at the 11th hour to a legislative amendment requiring all agents to sign up to a mandatory redress scheme.”

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The Guardian, 16th April 2013

Source: www.guardian.co.uk

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 27th, 2013 in appeals, evidence, housing, judges, landlord & tenant, local government, news by sally

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

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NearlyLegal, 24th March 2013

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

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 25th, 2013 in appeals, landlord & tenant, local government, news, repossession by sally

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

Full story

NearlyLegal, 24th March 2013

Source: www.nearlylegal.co.uk