The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

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Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers

‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’

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Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

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OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Two cases highlight possible areas of reform to 1954 Landlord and Tenant Act – OUT-LAW.com

Posted November 3rd, 2023 in landlord & tenant, Law Commission, leases, news, statute law revision by tracey

‘Two recent business tenancy appeals in England are likely to catch the eye of the Law Commission as it considers potential reforms to the 1954 Landlord and Tenant Act, according to one legal expert.’

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OUT-LAW.com, 2nd November 2023

Source: www.pinsentmasons.com

Ombudsman finds severe maladministration for Clarion in “tragic” noise case following death of resident who took his own life – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees landlord sentenced to eight weeks in prison after threat to tenant – Local Government Lawyer

Posted October 25th, 2023 in housing, landlord & tenant, local government, news, notification, repossession by sally

‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’

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Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

Government to delay abolition of no-fault evictions until reforms to court system in place – Local Government Lawyer

Posted October 25th, 2023 in bills, delay, government departments, housing, landlord & tenant, news, repossession by sally

‘The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.’

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Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

The multiple deposit penalty claim question – yet again – Nearly Legal

Posted October 24th, 2023 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Szorad & Anor v Kohli (2023) EW Misc 12 (CC). A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit.’

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Nearly Legal, 23rd October 2023

Source: nearlylegal.co.uk

No-fault eviction ban delayed indefinitely by court reforms – BBC News

Posted October 24th, 2023 in bills, courts, delay, landlord & tenant, news, repossession by tracey

‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’

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BBC News, 24th October 2023

Source: www.bbc.co.uk

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

The Key Reforms of the Social Housing (Regulation) Act 2023 – Transparency, Influence and Accountability Standard – Local Government Lawyer

Posted October 23rd, 2023 in housing, landlord & tenant, local government, news by tracey

‘In this digest, Louise Leaver and Sarah Greenhalgh look at the impact of the Transparency, Influence and Accountability Standard.’

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Local Government Lawyer, 23rd October 2023

Source: www.localgovernmentlawyer.co.uk

Judges to rule on whether tenants in England have right to keep a pet – The Guardian

Posted October 23rd, 2023 in animals, bills, housing, landlord & tenant, news by tracey

‘Judges are to be asked to rule on whether private landlords can “reasonably” deny a tenant’s request to keep a pet, under sweeping reforms to the private rented sector facing a key parliamentary debate on Monday.’

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The Guardian, 23rd October 2023

Source: www.theguardian.com

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

Wearing the right hat: the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly – Tanfield Chambers

Posted October 19th, 2023 in chambers articles, landlord & tenant, leases, news, pleadings, receivers, repairs by sally

‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’

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Tanfield Chambers, 28th September 2023

Source: www.tanfieldchambers.co.uk

Ban on no-fault evictions in England unlikely this year – The Guardian

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Ombudsman gains powers to issue “wider orders” under Social Housing Regulation Act – Local Government Lawyer

Posted October 17th, 2023 in complaints, housing, landlord & tenant, news, ombudsmen by sally

‘The Housing Ombudsman has gained new powers under the Social Housing Regulation Act, allowing it not only to address individual complaints from a landlord, but also extend “fairness and protection” to wider residents.’

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Local Government Lawyer, 16th October 2023

Source: www.localgovernmentlawyer.co.uk

Charities ‘concerned’ over lack of progress with Renters Reform Bill – BBC News

Posted October 16th, 2023 in bills, charities, housing, landlord & tenant, news, repossession by tracey

‘A group of 30 charities and non-profit organisations have urged the Prime Minister to pass a bill to ban “no-fault” evictions.’

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BBC News, 16th October 2023

Source: www.bbc.co.uk

Rent increase and creation of a new tenancy – Nearly Legal

Posted October 11th, 2023 in bereavement, families, housing, landlord & tenant, local government, news, rent, repossession by tracey

‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’

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Nearly Legal, 8th October 2023

Source: nearlylegal.co.uk

Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers

‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’

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Park Square Barristers, 14th September 2023

Source: www.parksquarebarristers.co.uk