Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers
‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
Category: landlord & tenant
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.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal
‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’
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
‘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.’
The Guardian, 27th July 2023
Source: www.theguardian.com
“Landmark” Social Housing Act receives Royal Assent – Local Government Lawyer
‘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”.’
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
‘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.’
Nearly Legal, 17th July 2023
Source: nearlylegal.co.uk
Ombudsman raps landlord over Equality Act failures, issuing of invalid section 21 notice – Local Government Lawyer
‘The Housing Ombudsman has sharply criticised a landlord for repeatedly failing to have sufficient regard for its obligations under the Equality Act 2010, and told it to review how it issues section 21 notices.’
Local Government Lawyer, 12th July 2023
Source: www.localgovernmentlawyer.co.uk
Housing case law update: June 2023 – Local Government Lawyer
‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer
‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’
Local Government Lawyer, 4th July 2023
Source: www.localgovernmentlawyer.co.uk
Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer
‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’
Local Government Lawyer, 4th July 2023
Source: www.localgovernmentlawyer.co.uk
Appeals against Housing Act 2004 decisions as a “rehearing” – Local Government Lawyer
‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
Selective licensing offences and the level of civil penalties – Local Government Lawyer
‘Simon Kiely and Francesca Gallagher examine useful Upper Tribunal guidance on the approach the First-Tier Tribunal should adopt when considering the level of civil penalties on appeal.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
Grenfell Tower and Awaab Ishak tributes as social housing bill passes – BBC News
‘A move to strengthen social housing rules in the wake of the Grenfell Tower fire and the death of a toddler from exposure to mould is set to become law.’
BBC News, 27th June 2023
Source: www.bbc.co.uk
What happens after a banning order? The further adventures of Mr Rasool – Nearly Legal
‘Mohammed Rasool has featured here quite often, for getting an ASBi against him for illegal eviction, for his role in quite the bizarrest set of cases, in which he sought re-entry after alleged illegal eviction to properties he had no interest in and didn’t occupy, and for receiving a five year banning order, amongst other things. But the fall out of his track record of truly terrible landlording, and assorted criminal offences continues. Here is a new press release from Camden Council, on the outcome of their latest prosecution of Mohammed Ali Abbas Rasool and associated entities.’
Nearly Legal, 23rd June 2023
Source: nearlylegal.co.uk
Wales: The Good, the Bad and the Converted – part 1 – Nearly Legal
‘Followers of the updates under Renting Homes (Wales) Act 2016 (“the Act”) will be well aware of many of the changes implemented in the Welsh housing law “big bang” on the 1st December 2022 (“the appointed day”), most recently written about on Nearly Legal here. My primary focus in this post focuses particularly on those developments affecting “converted contracts” – those contracts which had moved over from one of the previous tenancy regimes on the appointed day.’
Nearly Legal, 23rd June 2023
Source: nearlylegal.co.uk
Council appeal succeeds after Upper Tribunal finds landlord questioned during First Tier Tribunal hearing was wrong person – Local Government Lawyer
‘The Upper Tribunal has remitted a decision concerning the penalty for an unlicensed landlord to the First Tier Tribunal after it became apparent that the man thought to be the landlord in the First Tier Tribunal hearing was, in fact, the landlord’s father.’
Local Government Lawyer, 22nd June 2023
Source: www.localgovernmentlawyer.co.uk
The Renters’ Reform Bill: changes to grounds for possession – Local Government Lawyer
‘Helen Tucker examines the changes to the grounds for possession as set out in the Renters Reform Bill published on 17 May 2023.’
Local Government Lawyer, 9th June 2023
Source: www.localgovernmentlawyer.co.uk
On the naughty step – a ‘rising star’ of Barking – Nearly Legal
‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.
We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’
Nearly Legal, 6th June 2023
Source: nearlylegal.co.uk
‘Fake bailiffs’ from private security companies carry out illegal evictions – The Guardian
‘Vulnerable families are being tricked out of their rented homes by private security guards dressed like court bailiffs, a charity has warned.’
The Guardian, 4th June 2023
Source: www.theguardian.com
Court of Appeal clears up leasehold confusion – Law Society’s Gazette
‘The Court of Appeal has had the latest say on shared ownership leaseholders’ right to take over the management of their building – an area where the Law Commission has previously said the landscape is unclear.’
Law Society's Gazette, 31st May 2023
Source: www.lawgazette.co.uk
