‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’
Local Government Lawyer, 29th March 2017
Source: www.localgovernment.co.uk
‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’
Nearly Legal, 4th January 2017
Source: www.nearlylegal.co.uk
‘Leasehold houses aren’t the only problem area – apartment buyers need help too.’
The Guardian, 3rd December 2016
Source: www.guardian.co.uk
‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’
New Law Journal, 25th November 2016
Source: www.newlawjournal.co.uk
‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
‘With thousands of homebuyers caught out by rapidly rising rents, the solicitors they used may face claims of professional negligence.’
The Guardian, 19th November 2016
Source: www.guardian.co.uk
‘The interplay between tenants’ rent obligations and their ability to break the term of their leases has for a number of years been a topic which has been of considerable interest to practitioners advising both either landlords or tenants. Two cases in particular will have been high on the radar in advising clients both before and after the exercise of a break clause.’
Hardwicke Chambers, 12th October 2016
Source: www.hardwicke.co.uk
‘Ms K had a weekly tenancy of a flat (initially her daughter’s flat but assigned to her in 2014 by mutual exchange). The tenancy agreement provided for the payment of rent and also a weekly payment for service charge, originally £14.60. In 2015 the service charge was raised to £16.22. The tenancy agreement specified payment of the service charge but the space for the services to be provided was left blank.’
Nearly Legal, 10th October 2016
Source: www.nearlylegal.co.uk
‘Two brothers who acted as illegal gangmasters in Wisbech have been given two-year prison sentences suspended for two years at Cambridge crown court.’
The Guardian, 13th September 2016
Source: www.guardian.co.uk
‘Councils can expect costly challenges and appeals as more than 70,000 social housing tenants face £1,000 a year average rent rises under the ‘pay to stay’ regime.’
Local Government Lawyer, 30th August 2016
Source: www.localgovernmentlawyer.co.uk
‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’
Nearly Legal, 13th July 2016
Source: www.nearlylegal.co.uk
‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’
Henderson Chambers, June 2016
Source: www.hendersonchambers.co.uk
‘A few years ago now, I was instructed by Luton Law Centre in a series of possession cases brought by BPHA (a housing association) in Luton and Bedford County Courts. The claims were all for rent arrears, brought variously on Housing Act (HA) 1988 Sch 2 Grounds 8, 10 and 11. Their common feature was that, in all of them, BPHA had (apparently unwittingly) been raising the rent in breach of the terms.’
Nearly Legal, 22nd June 2016
Source: www.nearlylegal.co.uk
‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
‘What gives you the right? We are familiar with rights claiming, it comes easily to our lips when we believe we are entitled to something—to respect, to our fair share. Rights are fighting words. We invoke them when we have been wronged, when a situation has become intolerable. Rights claims are a way of fighting for control.’
OUP Blog, 9th June 2016
Source: www.blog.oup.com
‘In 2011, Marks and Spencer plc (“M&S”) operated a “break clause” in commercial leases of office premises. Following determination, M&S sought to recover from the landlord advance quarterly rent that it had paid for the period after the successful break. M&S relied, in part, on an implied term claim that post-break rent should be returned to it. The landlord denied the claim and litigation ensued. Morgan J in the High Court gave judgment for M&S on the claim. The Court of Appeal unanimously reversed the judgment. The Supreme Court unanimously dismissed M&S’ appeal and re-stated the principles for the implication of contract terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd[2015] UKSC 72, [2015] 3 WLR 1843.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
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