“A landlord who conned would-be tenants out of more than £6,000 by advertising on the Gumtree listings website in a ‘highly sophisticated scam’ has been jailed for two years.”
Daily Telegraph, 18th March 2013
Source: www.telegraph.co.uk
“The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech’s parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967. Mrs B’s father passed away in 1994 and her mother succeeded to the tenancy. Mrs B moved in to the property with her new partner in 2007 in order to provide care for her mother. Between 2008 and 2009, five offers of accommodation were made to Mrs B and these were refused for a variety of reasons. Mrs B’s request for her name to be added to the tenancy for Tilshead Close was also refused.”
NearlyLegal, 17th March 2013
Source: www.nearlylegal.co.uk
Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] WLR (D) 94
“Where a landlord’s failure to consult fully with tenants before carrying out major repairs to a block of flats would preclude recovery from the tenants of the full cost of the works unless a leasehold valuation tribunal granted a dispensation under section 20ZA(1) of the Landlord and Tenant Act 1985 from the relevant consultation requirement, dispensation was not to be refused as a punitive measure solely because a landlord had breached the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations (SI 2003/1987)) but rather the tribunal could grant the dispensation on terms which reflected the actual prejudice which the tenants had suffered.”
WLR Daily, 6th March 2013
Source: www.iclr.co.uk
Supreme Court, 6th March 2013
“A landlord can still recover the cost of carrying out work on a property from
its tenants through a service charge even if the landlord does not comply with
statutory consultation requirements, provided that the tenants are not
‘prejudiced’ by the landlord’s actions, the Supreme Court has ruled.”
OUT-LAW.com, 6th March 2013
Source: www.out-law.com
“Lettings agents have been accused of breaking the law by not revealing their fees to renters.”
The Independent, 5th March 2013
Source: www.independent.co.uk
“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
“The government should consider new laws for lettings agents to improve the rights of tenants and landlords, the Office of Fair Trading has said.”
The Guardian, 14th February 2013
Source: www.guardian.co.uk
“Hidden clauses in leasehold agreements cost unlucky leaseholders thousands, warns property lawyer Stephen Hill.”
The Guardian, 12th February 2013
Source: www.guardian.co.uk
“On 21 December 2012, Sir Andrew Morritt, then Chancellor of the High Court, handed down judgment in Phillips & Goddard v Francis & Francis [2012] EWHC 3650 (Ch), a case which has dramatic ramifications for residential landlords and managing agents. The state of the legislation and its most recent judicial interpretation will see landlords bogged down in consultations and applications for dispensation, and at risk of being unable to recover legitimate expenditure. ”
Hardwicke Chambers, 30th January 2013
Source: www.hardwicke.co.uk
“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”
WLR Daily, February 2013
Source: www.iclr.co.uk
“Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made. [s.128(6)]”
NearlyLegal, 26th January 2013
Source: www.nearlylegal.co.uk
“Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that notice by one joint tenant determines the tenancy for both/all compatible with Article 8 (or Protocol 1 Article 1)? Now one case has got to a higher stage. In a somewhat eccentric fashion, the Court of Appeal has given a distinctly forthright view, even if what the Court could actually do with the appeal was, more or less, nothing at all.”
NearlyLegal, 25th January, 2013
Source: www.nearlylegal.co.uk/blog/
“A rare Rent Act 1977 possession case, with possession sought as ‘reasonably required’ under Case 9 Of Schedule 15 of the 1977 Act via section 98(1).”
NearlyLegal, 24th January 2013
Source: www.nearlylegal.co.uk
Phillips and another v Francis and another: [2012] EWHC 3650 (Ch); [2013] WLR (D) 7
“On the true construction of the meaning and effect of the scheme relating to service charges imposed by sections 20 and 20ZA of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act 2002, section 151 identification of one or more sets of qualifying works was not required. The emphasis in the current legislation had shifted from identifying and costing the works before they started to notifying an intention to carry out the works and limiting the amount of the individual contributions sought to pay for them after their completion.”
WLR Daily 21st December 2012
Source: www.iclr.co.uk
“A landlord who forced a teenage girl to ‘pay’ for her rent with sexual favours has been jailed for four years.”
BBC News, 7th January 2013
Source: www.bbc.co.uk
“Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems.”
NearlyLegal, 16th December 2012
Source: www.nearlylegal.co.uk
“It seemed a fairly straightforward hearing – a pre-trial review in an anti-social behaviour possession claim prior to a one-day trial at the end of December – with both my opponent and I agreeing that the matter was ready to proceed.”
Hardwicke Chambers, 30th December 2012
Source: www.hardwicke.co.uk
“The Tenancy Deposit Scheme came into force on 6th April 2007. After the Court of Appeal handing down a number of controversial ‘landlord friendly’ judgments on the meaning of ss 213-215 of Housing Act 2004 (‘the Act’), Parliament amended these provisions by s 184 of the Localism Act 2011 (‘2011 Act’). The amendments came into force on 6 April 2012. Since this date, there is a tough new world out there for unorganised or inexperienced landlords. This article seeks to set out what is required by landlords and what happens when things go wrong.”
Hardwicke Chambers, 30th November 2012
Source: www.hardwicke.co.uk
“For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the leaseholder. As anyone who has dealt with repairs on housing association shared ownership schemes where the housing association is itself a lessee of part of the building will know, this can be an utter nightmare, where the immediate landlord can seem to escape any repairing obligations whatsoever. But what if the lease terms themselves contain an apparent error?”
NearlyLegal, 9th December 2012
Source: www.nearlylegal.co.uk
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