Mind the Step 1 – Semi gloss – NearlyLegal
“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
Category: landlord & tenant
Follow the money… – NearlyLegal
“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 – WLR Daily
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
Company entitled to use rent free period in the first five years for valuation purposes, tribunal finds – OUT-LAW.com
“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
Sun, Sea, Sex and Service Charges! – Hardwicke Chambers
“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
Set in Stone? – Zenith Chambers
“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”
Full story (PDF)
Zenith Chambers, 5th July 2012
Source: www.zenithchambers.co.uk
London 2012: Legal challenge to Olympic missile sites – BBC News
“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
High Court ruling on rates provides reassurance to landlords of empty properties, says expert – OUT-LAW.com
“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 – WLR Daily
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
Tenant fails in its bid for a new tenancy after Court confirms landlord’s intention to occupy property for its own use is viable – OUT-LAW.com
“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
Lost and Found: the Tenancy Deposit Scheme – Zenith Chambers
“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
Finance & Divorce Spring Update 2012 – Family Law Week
“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 – WLR Daily
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
Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council – WLR Daily
“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
Landlords could become liable for tenants’ unpaid water bills under Government plans – OUT-LAW.com
“Landlords could become liable for their tenants’ unpaid water bills if they fail to supply the details of those tenants to the water company, the Government has said.”
OUT-LAW.com, 24th January 2012
Source: www.out-law.com
Council tenants who sub-let homes face prison or fine – BBC News
“Council tenants who sub-let their homes will face up to two years in prison under proposals by the government.”
BBC News, 11th January 2012
Source: www.bbc.co.uk
Subletting council houses could become criminal offence – The Guardian
“Council tenants are to be banned from subletting their properties as the government prepares to introduce criminal offences to crack down on the ‘scandal’ of housing tenancy fraud and abuse.”
The Guardian, 1st January 2012
Source: www.guardian.co.uk
Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily
Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322
“An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
Newham landlords face first mandatory licensing scheme – The Guardian
“Landlords who rent out properties privately in a borough in east London could be the first in the country to face mandatory licensing under new proposals. Newham Council has started a 10-week consultation on proposals to introduce a licensing scheme for all private landlords that would see them and their properties subjected to legal checks. If the scheme is approved by councillors, it will be the first borough in England to license all private landlords.”
The Guardian, 29th September 2011
Source: www.guardian.co.uk
2012 Olympic short term landlords ‘could face fines’ – BBC News
“Londoners hoping to rent out their homes during the Olympics are being warned they could be breaking the law and left facing a fine.”
BBC News, 28th September 2011
Source: www.bbc.co.uk
