Category: landlord & tenant

Right to Manage – the Court of Appeal speaks – NearlyLegal

Posted October 29th, 2012 in appeals, housing, landlord & tenant, leases, news, service charges by sally

“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”

Full story

NearlyLegal, 27th October 2012

Source: www.nearlylegal.co.uk

Tempest Tossed? – NearlyLegal

Posted October 25th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?”

Full story

NearlyLegal, 24th October 2012

Source: www.nearlylegal.co.uk

Addressing the issue – Hardwicke Chambers

Posted October 18th, 2012 in landlord & tenant, leases, news, rent, tribunals by sally

“The appeal in Beitov Properties Ltd v Elliston Bentley Martin [2012] UKUT 133 (LC) highlights three issues for landlords: compliance with s47 of the Landlord & Tenant Act 1987, remedying non-compliance, and the Leasehold Valuation Tribunal’s procedure and jurisdiction.”

Full story

Hardwicke Chambers, 12th October 2012

Source: www.hardwicke.co.uk

Fire, flood and tempest… – Hardwicke Chambers

Posted October 18th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“The repairing obligations imposed on the landlord of a ‘dwelling-house’ by s.11(1) of the Landlord and Tenant Act 1985 are well known: the landlord must keep in repair the structure and exterior of the dwelling-house, as well as the installations within it.”

Full story

Hardwicke Chambers, 11th August 2012

Source: www.hardwicke.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Get back in your box – NearlyLegal

Posted October 8th, 2012 in landlord & tenant, leases, news, tribunals by sally

“There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord’s practice and procedure to see if they can uncover any wrongdoing. It’s very frustrating, both for landlords and tenants and is one of the reasons for the increasingly ‘lawyerly’ approach of landlords (e.g. instructing solicitors and counsel).”

Full story

NearlyLegal, 6th October 2012

Source: www.nearlylegal.co.uk

More on ECtHR, Article 8 and the Private Sector – NearlyLegal

Posted October 8th, 2012 in enforcement, human rights, landlord & tenant, news by sally

“Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate.”

Full story

NearlyLegal, 6th October 2012

Source: www.nearlylegal.co.uk

A closed door – Article 8 defences in mandatory possession cases – Hardwicke Chambers

Posted September 25th, 2012 in housing, human rights, landlord & tenant, law reports, local government, news, proportionality by sally

“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”

Full story

Hardwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

Article 8 and Possession – NearlyLegal

Posted September 24th, 2012 in appeals, complaints, EC law, housing, human rights, judicial review, landlord & tenant, local government, news, travellers by sally

“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”

Full story

NearlyLegal, 23rd September 2012

Source: www.nearlylegal.co.uk

The JP, the BBC trainee and the Unlawful Eviction – Nearly-Legal

Posted September 12th, 2012 in damages, harassment, landlord & tenant, news by tracey

“An unlawful eviction case with some unusual dramatis personae.”

Full story

Nearly-Legal, 11th September 2012

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

Survivorship and succession – Nearly-Legal

Posted September 11th, 2012 in housing, landlord & tenant, local government, news, repossession, succession by tracey

” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”

Full story

Nearly-Legal, 11th September 2012

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

New guidance launched to tackle ‘beds in sheds’ – Home Office

Posted September 3rd, 2012 in immigration, landlord & tenant, planning, press releases by tracey

“The UK Border Agency (UKBA) has contributed to new guidance to help local authorities deal with rogue landlords and the issue of migrants living in illegally-built outhouses known as ‘beds in sheds’.”

Full press release

Home Office, 31st August 2012

Source: www.homeoffice.gov.uk

Squatting: The MoJ Guide – Nearly-Legal

Posted August 31st, 2012 in landlord & tenant, news, squatting by tracey

“With the new legislation criminalising squatting due to come into force at the weekend (presumably to catch out those sunday morning squatters!) the Ministry of Justice has issued a circular to Judges, Courts, and the Police.”

Full story

NearlyLegal, 31st August 2012

Source: www.nearlylegal.co.uk/blog

Lawyers berate new law criminalising squatters – Law Society’s Gazette

Posted August 31st, 2012 in landlord & tenant, news, squatting by tracey

“Lawyers have branded as ‘headline-grabbing’ and unnecessary the introduction of a new criminal offence of squatting, warning that it could harm vulnerable people. But the government is unrepentant, declaring that the move signals the end of ‘squatters’ rights’.”

Full story

Law Society’s Gazette, 31st August 2012

Source: www.lawgazette.co.uk

Homeowners protected, squatters criminalised – Ministry of Justice

Posted August 31st, 2012 in landlord & tenant, press releases, squatting by tracey

“Homeowners are to receive better protection as squatting in residential buildings becomes a criminal offence for the first time in England and Wales from tomorrow, 1 September, Justice Minister Crispin Blunt said.”

Full press release

Ministry of Justice, 31st August 2012

Source: www.justice.gov.uk

Squatting set to become a criminal offence – BBC News

Posted August 31st, 2012 in landlord & tenant, news, squatting by tracey

“Squatting in a residential building in England and Wales becomes a criminal offence on Saturday, meaning squatters would face jail or a fine.”

Full story

BBC News, 31st August 2012

Source: www.bbc.co.uk

Shut that (undemised) door! – NearlyLegal

Posted August 20th, 2012 in appeals, compensation, landlord & tenant, negligence, news, personal injuries by sally

“Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not?”

Full story

NearlyLegal, 19th August 2012

Source: www.nearlylegal.co.uk

Mind the Step 2 – The bannister that wasn’t – NearlyLegal

Posted August 17th, 2012 in defective premises, landlord & tenant, negligence, news, personal injuries, repairs by sally

“This is the second of two recent cases on Defective Premises Act 1972 and stairs. There is now a third case on Occupiers Liability Act 1957 with our note to come shortly.”

Full story

NearlyLegal, 16th August 2012

Source: www.nearlylegal.co.uk

The court of construction will not improve a document (A licence in this case) – NearlyLegal

Posted August 10th, 2012 in interpretation, landlord & tenant, news by tracey

“It is no part of the court of construction to improve a document.”

Full story

NearlyLegal, 10th August 2012

Source: www.nearlylegal.co.uk

Regina v Sumal & Sons (Properties) Ltd – WLR Daily

Posted August 10th, 2012 in confiscation, housing, landlord & tenant, law reports, local government, proceeds of crime by tracey

Regina v Sumal & Sons (Properties) Ltd: [2012] EWCA Crim 1840;  [2012] WLR (D)  247

“A landlord who committed an offence of managing an unlicensed house, contrary to section 95(1) of the Housing Act 2004, did not ‘obtain’ property ‘as a result of or in connection with’ his criminal conduct, for the purposes of section 76(4) of the Proceeds of Crime Act 2002, by the receipt of rent. Therefore a court sentencing a landlord for such an offence could not impose a confiscation order in the sum of the rent received.”

WLR Daily, 8th August 2012

Source: www.iclr.co.uk