Category: rent

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk

Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession – Local Government Lawyer

Posted November 6th, 2024 in bills, housing, landlord & tenant, local government, news, rent by tracey

‘Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Rent determinations – Appeals – Nearly Legal

Posted November 4th, 2024 in health & safety, landlord & tenant, news, rent by tracey

‘A note on a couple of Upper Tribunal appeals of FTT determinations of rent – because there may be more of these applications and determinations when the Renters’ Rights Bill comes into force…
Kensington Avenue Ltd v Curlin (LANDLORD AND TENANT – RENT DETERMINATION – fair rent – s.70 Rent Act 1977 – sufficiency of reasons for FTT decision on open market rent and comparable properties) (2024) UKUT 341 (LC)’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by tracey

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

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Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

Posted October 18th, 2024 in appeals, houses in multiple occupation, housing, internet, local government, news, rent, repayment by sally

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal dismisses landlord’s appeal despite ‘serious procedural irregularity’ in rent repayment case – Law Society’s Gazette

Posted September 24th, 2024 in default judgments, landlord & tenant, news, rent, repayment by tracey

‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

A very unfit home – Circuit Judge decision on unfitness and damages. – Nearly Legal

Posted September 16th, 2024 in houses in multiple occupation, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’

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Nearly Legal, 15th September 2024

Source: nearlylegal.co.uk

Renters’ Rights Bill – the headlines Part 1 – Nearly Legal

Posted September 12th, 2024 in bills, houses in multiple occupation, landlord & tenant, news, rent, repossession by tracey

‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’

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Nearly Legal, 11th September 2024

Source: nearlylegal.co.uk

Bill to ban England and Wales landlords from rental bidding wars – The Guardian

Posted September 12th, 2024 in bills, landlord & tenant, news, rent by tracey

‘Landlords in England and Wales will be banned from renting out their properties for more than the advertised price under reforms set out by the government on Wednesday, as ministers seek to stop expensive bidding wars.’

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The Guardian, 11th September 2024

Source: www.theguardian.com

Whose landlord is this? Rent to Rent and Rent Repayment Orders again. – Nearly Legal

Posted September 10th, 2024 in landlord & tenant, news, rent, repayment by tracey

‘Kumar v Kolev & Ors (2024) UKUT 255 (LC). An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our note), no RRO could be made against him.’

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Nearly Legal, 8th September 2024

Source: nearlylegal.co.uk

Rats, mould, damp: UK’s biggest student homes provider faces legal action over poor accommodation – The Guardian

Posted September 9th, 2024 in complaints, health, health & safety, housing, landlord & tenant, news, rent, universities by tracey

‘A tenants’ rights group is fighting for justice for residents of university halls who claim health affected by conditions.’

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The Guardian, 7th September 2024

Source: www.theguardian.com

Homes seized from landlord after complaints ignored – BBC News

Posted August 28th, 2024 in complaints, housing, landlord & tenant, local government, news, rent, repairs by tracey

‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’

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BBC News, 28th August 2024

Source: www.bbc.co.uk

Jurisdiction of the FTT on referrals of rent increases. – Nearly Legal

Posted August 20th, 2024 in appeals, housing, jurisdiction, landlord & tenant, news, rent, repossession, tribunals by tracey

‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’

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Nearly Legal, 19th August 2024

Source: nearlylegal.co.uk

Disrepair claims in the County Court – Becket Chambers

Posted August 8th, 2024 in chambers articles, damages, landlord & tenant, leases, news, nuisance, rent, repairs, repossession by sally

‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’

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Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

Housing case law update – June & July 2024 – Local Government Lawyer

Posted August 8th, 2024 in benefits, disabled persons, housing, injunctions, licensing, local government, news, rent, repayment, trespass by tracey

‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Shared ownership, long leases and setting aside an order for possession – Local Government Lawyer

Posted July 10th, 2024 in leases, news, rent, repossession, setting aside by tracey

‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’

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Local Government Lawyer, 9th July 2024

Source: www.localgovernmentlawyer.co.uk

The Leasehold and Freehold Reform Act 2024 – Kingsley Napley Real Estate Law Blog

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘The Leasehold and Freehold Reform Act (“the Act”) became law on 24 May 2024. The Act aims to enhance the rights and benefits for homeowners in England. There is, however, debate as to potency of the Act given the absence of the proposed ground rent cap (which had been discussed for some time) and the failure to ban forfeiture of long residential leases.’

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Kingsley Napley Real Estate Law Blog, 5th June 2024

Source: www.kingsleynapley.co.uk

Leasehold and Freehold Reform Act becomes UK law but ‘further detail required’ – OUT-LAW.com

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

No-fault evictions bill now unlikely to pass – BBC News

Posted May 24th, 2024 in bills, elections, government departments, housing, landlord & tenant, news, parliament, rent, repossession by sally

‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Bailiff evictions of renting households at six-year high, says MoJ – The Guardian

Posted May 17th, 2024 in bailiffs, bills, housing, landlord & tenant, London, Ministry of Justice, news, rent, repossession, statistics by sally

‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’

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The Guardian, 16th May 2024

Source: www.theguardian.com