Didn’t bother trying to find her. She’s not there – Nearly Legal

‘A county court appeal in a tenancy deposit penalty claim, which is both a catalogue of ‘you don’t want to do it like that’, and has a significant point on the operation of section 48 Landlord and Tenant Act 1987.’

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Nearly Legal, 12th March 2025

Source: nearlylegal.co.uk

Service of documents – post and deemed service – Nearly Legal

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

Take notice of these decisions – Gatehouse Chambers

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

HMO licensing appeals: to re-hear, or not to re-hear? – Local Government Lawyer

‘Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Fewer remedies despite more notifications under UK’s national security and investment regime – OUT-LAW.com

Posted September 17th, 2024 in company law, competition, mergers, news, notification, statistics by tracey

‘The UK’s foreign investment screening regime saw an increase in the number of notifications in 2023-24, but fewer cases were subject to remedies or prohibitions compared to the previous year, as the regime “is settling in”, a legal expert has said.’

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OUT-LAW.com, 16th September 2024

Source: www.pinsentmasons.com

Judge refuses adjournment in claim against Leigh Day over Shell pollution settlement – Law Society’s Gazette

Posted July 16th, 2024 in adjournment, law firms, news, notification, oil wells, pollution, service by tracey

‘A High Court judge has refused to adjourn the three-day trial in a claim where Leigh Day is accused of making unauthorised disbursements from a settlement fund in a £55 million case. The Nigerian claimants argued they had not been given formal notice of the trial date.’

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Law Society's Gazette, 15th July 2024

Source: www.lawgazette.co.uk

Judge rejects housing claim brought by refugee against council and Home Secretary – Local Government Lawyer

‘A Sudanese refugee has failed in a High Court case brought against the London Borough of Haringey over whether he should have been found accommodation and against the Home Office over how it gives notice of the cessation of their asylum support.’

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Local Government Lawyer, 19th June 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules on taxpayer liability for fixed penalty – OUT-LAW.com

Posted June 12th, 2024 in HM Revenue & Customs, news, notification, penalties, taxation, tribunals by sally

‘A recent UK Upper Tribunal decision highlights that as soon as there has been a failure to comply with an information notice, a taxpayer is automatically liable for a fixed penalty, even if the failure is short-lived, and HMRC can move straight to applying for a tax-related penalty, an expert has said.’

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OUT-LAW.com, 11th June 2024

Source: www.pinsentmasons.com

Domestic abuse survivors ‘put in danger by early prison release of perpetrators’ – The Guardian

‘Survivors of domestic abuse have been put in danger by ministers’ failure to give notice of the early release from prison of their abusers, a Home Office adviser has said.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

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Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Alerter by Jack Castle – Formal notice not required to have “sought to take” parental leave – Henderson Chambers

‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’

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Henderson Chambers, 25th March 2024

Source: www.hendersonchambers.co.uk

Adoption applicant wins appeal after judge refused to allow them to attend hearing – Local Government Lawyer

Posted March 26th, 2024 in adoption, family courts, news, notification, private hearings by tracey

‘The Court of Appeal has allowed an appeal against a judge’s decision to refuse permission for prospective adopters to attend a final adoption hearing either in person or remotely, and to refuse their request for a transcript of the hearing.’

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Local Government Lawyer, 25th March 2024

Source: www.localgovernmentlawyer.co.uk

Duties to report child abuse in England – House of Commons Library

Posted February 29th, 2024 in child abuse, news, notification, statutory duty by sally

‘A briefing on reporting child abuse in England, including Government plans to introduce a mandatory reporting duty.’

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House of Commons Library, 28th February 2024

Source: commonslibrary.parliament.uk

UK home secretary may tighten restrictions on protests – The Guardian

Posted February 29th, 2024 in demonstrations, news, notification, police by sally

‘The home secretary, James Cleverly, is considering further tightening the law around demonstrations, including a requirement for protesters to increase the amount of notice they give to police before large demonstrations, a minister has said.’

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The Guardian, 28th February 2024

Source: www.theguardian.com

Wrong in principle – Nearly Legal

Posted February 26th, 2024 in disclosure, housing, injunctions, news, notification, pre-action conduct, repossession by tracey

‘Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB). This was a High Court hearing of an ex parte application for an “emergency injunction” to stay an eviction (amongst other things).’

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Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

Teachers in England won’t have to inform parents if pupils ask about gender – The Independent

Posted December 19th, 2023 in equality, news, notification, school children, teachers, transgender persons by tracey

‘Teachers in England will not be made to inform parents if pupils come to them with questions about gender identity under new government guidance due to be published this week.’

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The Independent, 18th December 2023

Source: www.independent.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

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

Construction terms: contractual notices and condition precedent notices – OUT-LAW.com

Posted August 11th, 2023 in construction industry, contracts, news, notification, precedent by tracey

‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’

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OUT-LAW.com, 10th August 2023

Source: www.pinsentmasons.com