Tribunal sheds light on applications for cladding remediation orders – Tanfield Chambers

Posted October 9th, 2023 in chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’

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Tanfield Chambers, 14th September 2023

Source: www.tanfieldchambers.co.uk

Cladding remediation and related costs recovery – a new case in the FTT: St John Street Property Services Ltd v Riverside Group Ltd – Tanfield Chambers

‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’

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Tanfield Chambers, 11th September 2023

Source: www.tanfieldchambers.co.uk

Invalid marriages and non-qualifying ceremonies: Tousi – Law & Religion UK

Posted October 3rd, 2023 in foreign jurisdictions, landlord & tenant, marriage, news, Ukraine by sally

‘In Tousi v Gaydukova [2023] EWHC 404 (Fam), Mr Tousi was an Iranian national and Ms Gaydukova a Ukrainian: both had UK citizenship. They were married at the Iranian Embassy in Kyiv in 1997 but the marriage was not “registered” with the Ukrainian state authorities. According to Ms Gaydukova, they were well aware of the need to register and on three occasions she attempted to do so, but Mr Tousi refused to cooperate. Mr Tousi argued that “he chose not to register the marriage because he saw it as a celebratory social event in which he was uninterested”.’

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Law & Religion UK, 2nd October 2023

Source: lawandreligionuk.com

First Remediation Order under Building Safety Act – Mills & Reeve

‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’

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Mills & Reeve, 26th September 2023

Source: www.mills-reeve.com

Upper Tribunal leasehold cases – Nearly Legal

Posted September 18th, 2023 in housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘Brief notes on some recent Upper Tribunal cases.’

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Nearly Legal, 17th September 2023

Source: nearlylegal.co.uk

Damp, mould and the HHSRS – Nearly Legal

Posted September 11th, 2023 in health & safety, housing, landlord & tenant, news by tracey

‘Here is a quick note on two recent DLUHC/govt publications on damp and mould, and on proposed revisions to the housing health and safety rating system.’

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Nearly Legal, 10th September 2023

Source: nearlylegal.co.uk

Competition watchdog to investigate land banks, planning system and private rental sector – Local Government Lawyer

Posted August 30th, 2023 in competition, housing, inquiries, landlord & tenant, local government, news, planning by sally

‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’

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Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk

Waking watch costs and failing to do Fire Risk Assessments – Nearly Legal

Posted August 30th, 2023 in fire, health & safety, housing, landlord & tenant, news, service charges by sally

‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’

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Nearly Legal, 29th August 2023

Source: nearlylegal.co.uk

London borough agrees to pay £5,400 after failing to resolve damp and mould issues for more than three years – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at Newham Council over how it dealt with damp and mould, with the London borough taking more than three years to fix the issue.’

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Local Government Lawyer, 22nd August 2023

Source: www.localgovernmentlawyer.co.uk

Renewing the 1954 Act – Root and Branch or Just a Trim? – Falcon Chambers

‘Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission’s proposals to renew the Act.’

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Falcon Chambers, 19th July 2023

Source: www.falcon-chambers.com

First joint Ombudsman investigation finds vulnerable tenant not supported properly when faced with anti-social behaviour – Local Government Lawyer

‘The Local Government and Social Care Ombudsman and the Housing Ombudsman have jointly criticised Nottingham City Council and Nottingham City Homes (NCH) for the way they dealt with a woman’s antisocial behaviour complaints and subsequent requests to move house.’

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Local Government Lawyer, 8th August 2023

Source: www.localgovernmentlawyer.co.uk

Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

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Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

Fines to rise sharply for illegal housing or employment of asylum seekers in UK – The Guardian

‘People who allow asylum seekers to work for them or rent their properties in breach of the law will face significantly increased fines from next year, as ministers attempt to reduce “pull factors” for people making small boat crossings.’

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The Guardian. 7th August 2023

Source: www.theguardian.com

New free legal advice for people facing eviction or repossession – Ministry of Justice

‘A new government-backed scheme providing free legal advice to help 38,000 people a year at risk of losing their home launches today (1 August).’

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Ministry of Justice, 1st August 2023

Source: www.gov.uk

Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers

Posted August 2nd, 2023 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers

‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by tracey

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

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Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk

Landlord L&Q told to pay out to tenants after finding of severe mismanagement – The Guardian

Posted July 27th, 2023 in compensation, housing, landlord & tenant, news, ombudsmen, repairs by sally

‘One of Britain’s biggest social landlords has been ordered to pay tenants more than £140,000 in compensation as a special investigation by the housing ombudsman revealed it was “dismissive” of tenants and found “severe maladministration” including in tackling disrepair and antisocial behaviour.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

“Landmark” Social Housing Act receives Royal Assent – Local Government Lawyer

Posted July 26th, 2023 in enforcement, fines, housing, landlord & tenant, local government, news, repairs by sally

‘The Social Housing (Regulation) Act received Royal Assent last week (20 July) with the Department for Levelling Up, Housing and Communities (DLUHC) claiming that the legislation will “strengthen powers to tackle failing social landlords, and tenants living in unsafe homes will be better supported by the Regulator”.’

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Local Government Lawyer, 25th July 2023

Source: www.localgovernmentlawyer.co.uk

Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place – Nearly Legal

Posted July 19th, 2023 in county courts, housing, landlord & tenant, news, repossession by tracey

‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’

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Nearly Legal, 17th July 2023

Source: nearlylegal.co.uk