Category: landlord & tenant

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

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Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

Housing Ombudsman criticises council over four cases of severe maladministration, covering “wide range of responsibilities” – Local Government Lawyer

Posted January 17th, 2024 in compensation, housing, landlord & tenant, local government, maladministration, news, ombudsmen by sally

‘The Housing Ombudsman has criticised Croydon Council after finding severe maladministration in four cases that covered several aspects of the landlord’s responsibilities, including anti-social behaviour, adaptations and mutual exchange.’

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Local Government Lawyer, 16th January 2024

Source: www.localgovernmentlawyer.co.uk

Asylum accommodation to be excluded from social housing landlords crackdown – The Guardian

Posted January 15th, 2024 in asylum, charities, government departments, health & safety, housing, immigration, landlord & tenant, news, repairs by tracey

‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’

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The Guardian, 15th January 2024

Source: www.theguardian.com

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

Posted January 10th, 2024 in compensation, consultations, government departments, health & safety, housing, landlord & tenant, local government, news, repairs, time limits by sally

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

Posted January 10th, 2024 in compensation, consultations, government departments, health & safety, housing, landlord & tenant, local government, news, repairs, time limits by sally

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

Posted January 10th, 2024 in compensation, health & safety, housing, landlord & tenant, local government, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Awaab Ishak: Plan to force landlords to tackle mouldy homes – BBC News

Posted January 9th, 2024 in children, health, landlord & tenant, news, repairs by tracey

‘Rogue social housing landlords could be forced to repair mouldy homes within 24 hours as part of government proposals after a toddler’s death.’

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BBC News, 9th January 2024

Source: www.bbc.co.uk

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

Posted January 3rd, 2024 in chambers articles, damages, health & safety, housing, landlord & tenant, news, repairs by sally

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk

Failed succession, residential care and human rights incompatibility – Nearly Legal

Posted January 2nd, 2024 in assignment, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers

Posted December 20th, 2023 in appeals, chambers articles, housing, landlord & tenant, local government, news, repairs by sally

‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’

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Tanfield Chambers, 29th November 2023

Source: www.tanfieldchambers.co.uk

Hippersley – an important point – Tanfield Chambers

Posted December 18th, 2023 in building law, chambers articles, health & safety, housing, landlord & tenant, news, repairs by sally

‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’

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Tanfield Chambers, 16th November 2023

Source: www.tanfieldchambers.co.uk

Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

Posted December 13th, 2023 in health & safety, housing, landlord & tenant, local government, London, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

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Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk

Landlord handed £424k confiscation order after renting shed out as five flats – Local Government Lawyer

Posted December 12th, 2023 in confiscation, fines, housing, landlord & tenant, local government, news by sally

‘Brent Council has secured a £424,000 confiscation order against a landlord who rented out a large shed as five flats.’

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Local Government Lawyer, 11th December 2023

Source: www.localgovernmentlawyer.co.uk

Varying a possession order from discretionary to mandatory ground – Nearly Legal

Posted December 11th, 2023 in appeals, county courts, firearms, housing, landlord & tenant, news, repossession by tracey

‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’

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Nearly Legal, 10th December 2023

Source: nearlylegal.co.uk

Housing Ombudsman issues report setting out key learning and guidance on service charges – Local Government Lawyer

Posted December 8th, 2023 in housing, landlord & tenant, local government, news, ombudsmen, service charges by michael

‘The Housing Ombudsman has provided updated guidance on the “often contentious” area of service charges in its latest Insight report.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Tenants left ‘vulnerable’ over £10k unlawful fees – BBC News

Posted December 6th, 2023 in fees, housing, landlord & tenant, news by sally

‘A tenant said she and her family were left feeling “really vulnerable” after being charged unlawful fees totalling more than £10,000.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

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Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources – Nearly Legal

Posted December 4th, 2023 in appeals, budgets, housing, landlord & tenant, local government, news, statutory duty by tracey

‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’

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Nearly Legal, 3rd December 2023

Source: nearlylegal.co.uk

Court awards £50,000 in damages against council over home that was unfit for human habitation – Local Government Lawyer

Posted December 4th, 2023 in damages, duty of care, housing, landlord & tenant, local government, news, repairs by tracey

‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’

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Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

Posted December 1st, 2023 in building law, fines, fire, health & safety, housing, landlord & tenant, local government, news, repairs, sentencing by tracey

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk