landlord & tenant – Page 58 – Current Awareness

Souglides v Tweedie and another – WLR Daily

Posted December 7th, 2012 in landlord & tenant, law reports, leases, mortgages, perpetuities, repossession by sally

Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367

“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Give Me Back My Money – NearlyLegal

Posted November 30th, 2012 in landlord & tenant, news, rent, repayment by sally

“We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of rent or housing benefits where the landlord has been operating an unlicensed HMO.”

NearlyLegal, 28th November 2012

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

Swan Housing Association Ltd v Gill – WLR Daily

Posted November 16th, 2012 in adjournment, adverse possession, injunctions, land registration, landlord & tenant, law reports by sally

Swan Housing Association Ltd v Gill: [2012] EWHC 3129 (QB); [2012] WLR (D) 325

“A tenant facing anti-social behaviour injunction proceedings was not prevented from applying to register his possessory title with the land registry by virtue of paragraph 1(3) of Schedule 6 to the Land Registration Act 2002.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

The Article 8 Toys Go Back in the Box – NearlyLegal

Posted November 9th, 2012 in housing, human rights, landlord & tenant, local government, news, succession by sally

“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”

NearlyLegal, 9th November 2012

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

Informing Deposits – NearlyLegal

Posted November 8th, 2012 in appeals, deposits, landlord & tenant, news by sally

“The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had not given the prescribed information as required by the Housing (Tenancy Deposits)(Prescribed Information) Order 2007. T allegedly fell into rent arrears and L sought possession. T counter-claimned on the basis of lack of compliance with the Prescribed Information Order. L admitted non-compliance with the Order but argued that the requirement was largely procedural, thjat the purpose of the legislation was to protect depisits (which had been done) and that T could have found out all he wanted to know from teh scheme administrator. The lower Court dismised T’s claim holding that information in the tenancy agreement coupled with the further information provided by L during the hearing was enough to comply with the requirements of the Order.”

NearlyLegal, 7th November 2012

Source: www.nearlylegal.co.uk

Inside justice: London Rent Assessment Panel – The Guardian

Posted October 31st, 2012 in dispute resolution, landlord & tenant, news, rent, repairs by sally

“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”

The Guardian, 30th October 2012

Source: www.guardian.co.uk

Fire, flood and tempest… – Hardwicke Chambers

Posted October 30th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“Arthur Moore considers the liability of landlords in instances of fire damage.”

Hardwicke Chambers, 11th October 2012

Source: www.hardwicke.co.uk

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.”

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?”

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.”

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.”

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).”

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.”

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.”

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.”

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 sally

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

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 sally

” 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.”

Nearly-Legal, 11th September 2012

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

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