“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.”
Ministry of Justice, 31st August 2012
Source: www.justice.gov.uk
“Squatting in a residential building in England and Wales becomes a criminal offence on Saturday, meaning squatters would face jail or a fine.”
BBC News, 31st August 2012
Source: www.bbc.co.uk
“Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not?”
NearlyLegal, 19th August 2012
Source: www.nearlylegal.co.uk
“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.”
NearlyLegal, 16th August 2012
Source: www.nearlylegal.co.uk
“It is no part of the court of construction to improve a document.”
NearlyLegal, 10th August 2012
Source: www.nearlylegal.co.uk
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
“What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?”
NearlyLegal, 7th August 2012
Source: www.nearlylegal.co.uk
“The difficulties in many cases against private landlords, not least unlawful eviction cases, do not end with trial and judgment. Realising damages and costs awards can be a fraught,complex and time consuming matter. This case is a prime example. It is a lengthy tale, but sadly not untypical in its twists and turns. It is also a useful case on quantum for unlawful eviction.”
NearlyLegal, 2nd August 2012
Source: www.nearlylegal.co.uk
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224
“Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
“A Valuation Tribunal has rejected an approach by assessors that would have increased the business rates paid by a City firm by 20% over the first five years of a lease.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
“When carrying out major works to residential premises, landlords take the risk that their expenditure will not be recoverable unless they comply with the plethora of statutory regulations which now police the recovery of service charges. Compliance with the consultation requirements should be simply a question of employing a good management agent who is familiar with the statutory framework. If all the hoops contained in the regulations are jumped through there should be no bar to recovery of the sums spent.”
Hardwicke Chambers, 16th July 2012
Source: www.hardwicke.co.uk
“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”
Full story (PDF)
Zenith Chambers, 5th July 2012
Source: www.zenithchambers.co.uk
“Council tenants will go to the High Court later over proposals to place surface-to-air missiles on the roof of their tower block during the Olympics.”
BBC News, 9th July 2012
Source: www.bbc.co.uk
“A High Court ruling will reassure landlords seeking to avoid business rate charges on properties left lying empty, a property law expert has said.”
OUT-LAW.com, 29th June 2012
Source: www.out-law.com
Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151
“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
“The operator of an oil depot has been unsuccessful in its bid for a new tenancy after the Court of Appeal confirmed that its landlord’s plans to occupy the property for its own business were viable.”
OUT-LAW.com, 15th May 2012
Source: www.out-law.com
“The Tenancy Deposit Scheme (TDS) legislation, set out in sections 212 to 215 of the Housing Act 2004, came into force in 2007 in respect of tenancy deposits paid by assured shorthold tenants. Essentially, it imposes two requirements on landlords:
(1) protection of the deposit paid in respect of such tenancies by paying it into an authorised scheme within 14 days of receipt of the deposit; and
(2) provision to the tenant of prescribed information, again within 14 days of the receipt of the deposit.”
Full story (PDF)
Zenith Chambers, 5th April 2012
Source: www.zenithchambers.co.uk
“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.”
Family Law Week, 30th March 2012
Source: www.familylawweek.com
Souglides v Tweedie and another [2012] EWHC 561 (Ch); [2012] WLR (D) 74
“An interest carved out of a superior leasehold or freehold interest could constitute ‘an interest reversionary (whether directly or indirectly)’ on the term of a lease for the purpose of section 9(1) of the Perpetuities and Accumulations Act 1964. Accordingly, an option for a lease extension fell within section 9(1) and so was exempt from the rule against perpetuities.”
WLR Daily, 12th March 2012
Source: www.iclr.co.uk
“A landlord had a right of appeal under paragraph 6(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 as a ‘person affected’ by a housing benefit decision in respect of its tenant only in the distinct cases provided for in subordinate legislation.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
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