rent – Page 14 – Current Awareness

POSHFA! – NearlyLegal

Posted October 15th, 2013 in confiscation, crime, housing, landlord & tenant, news, rent by sally

“The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of ‘Unlawful Profit Orders’, which get around the decision of the Court of Appeal in Sumal v Newham London Borough Council [2012] EWCA Crim 1840 that confiscation of rent was not possible because ‘the continued receipt of the rent was not the product of the appellants crime’. (Admittedly that was a prosecution for an unlicensed property in a selective licensing area under section 95(1) of the Housing Act 2004, but the point about confiscation not being enabled under statute had broader application).”

NearlyLegal, 14th October 2013

Source: www.nearlylegal.co.uk

Councils seeks judicial review of mayor’s rent plan – BBC News

Posted September 9th, 2013 in housing, judicial review, local government, news, rent by tracey

“Four councils are taking legal advice to challenge Mayor Boris Johnson’s decision by which affordable rents can be set at up to 80% of market prices.”

BBC News, 8th September 2013

Source: www.bbc.co.uk

The lawlessness of private rent lets us all down – Garden Court Chambers Blog

Posted July 31st, 2013 in bills, landlord & tenant, local government, news, rent by sally

“Liz Davies considers the ways in which landlords have benefited from the credit crisis and explores how tenants could be given increased security through five-year tenancies.”

Garden Court Chambers Blog, 30th July 2013

Source: www.gclaw.wordpress.com

Giving tenants a break – Hardwicke Chambers

Posted July 19th, 2013 in landlord & tenant, leases, news, rent by sally

“A recent case in the Chancery Division is the latest in a series concerning payment of rent as a condition of exercising a break clause: Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279; [2013] 22 EG 92. In this series of cases, tenants have sought to overcome the apparent unfairness of paying quarterly rent due in advance as a condition of exercising a break clause part way through a quarter, leading to an overpayment of rent when compared pro rata to the period of actual occupancy.”

Hardwicke Chambers, 15th July 2013

Source: www.hardwicke.co.uk

Game “rent on administration” case to be fast-tracked to the Court of Appeal – OUT-LAW.com

Posted July 3rd, 2013 in administrators, appeals, expenses, insolvency, landlord & tenant, news, rent by sally

“Landlords pursuing the administrators of Game for millions of pounds in rent that went unpaid while the retailer was insolvent will have their case fast-tracked to the Court of Appeal, according to press reports.”

OUT-LAW.com, 2nd July 2013

Source: www.out-law.com

Property tribunals combine in new first-tier chamber – Law Society’s Gazette

Posted July 2nd, 2013 in agricultural holdings, landlord & tenant, leases, news, rent, tribunals by sally

“A new consolidated property tribunal came into existence today with a single set of procedural rules aimed at simplifying the process.”

Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Johnson v. Old, deposits and rent paid by housing benefit – The Barristers’ Hub

Posted June 13th, 2013 in appeals, benefits, deposits, housing, landlord & tenant, news, rent by sally

“We’ve all seen the ubiquitous scene from the American court-room drama where the bespectacled and previously underrated legal assistant/student/intern etc. bursts into the back of the crowded court, and shouts ‘State v. Jones’ whilst waving the paper judgment triumphantly at the judge. The judge is thereby stopped from making the patently unjust ruling he was about to make, changing his mind in favour of the film’s protagonist. This doesn’t happen in real life, so it was with much anticipation that I awaited the case of Johnson v Old [2013] EWCA Civ 415, which I used in court less than 24 hours after it was handed down. My thanks go to Karen Reid, one of our pupils at 1 Gray’s Inn Square, who rushed from the RCJ, clutching the judgment, ink still drying from Sir John Chadwick’s quill (well, printer at least).”

The Barristers’ Hub, 12th June 2013

Source: www.barristershub.co.uk

A Further Deposit From the Court of Appeal – NearlyLegal

Posted April 26th, 2013 in appeals, deposits, landlord & tenant, news, rent by tracey

“The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent payable in advance.”

NearlyLegal, 23rd April 2013

Source: www.nearlylegal.co.uk/blog/

Lettings agents ‘breaking the law’ by not revealing fees – The Independent

Posted March 5th, 2013 in consumer protection, fees, landlord & tenant, news, rent by sally

“Lettings agents have been accused of breaking the law by not revealing their fees to renters.”

The Independent, 5th March 2013

Source: www.independent.co.uk

Room without review: Thoughts on tackling the bedroom tax – NearlyLegal

Posted February 11th, 2013 in benefits, budgets, disability discrimination, housing, local government, news, rent by sally

“With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I’ve been thinking about the position when the inevitable rent arrears possessions start to appear – probably by about October – and also whether the statute itself is open to challenge.”

NearlyLegal, 10th February 2013

Source: www.nearlylegal.co.uk

Pub industry adjudicator plans put forward – BBC News

Posted January 9th, 2013 in codes of practice, consultations, dispute resolution, licensed premises, news, regulations, rent, unfair commercial practices by sally

“The government has announced plans for an independent adjudicator in the pub industry to help struggling landlords.”

BBC News, 8th January 2013

Source: www.bbc.co.uk

Landlord John Tatton forced girl to ‘pay’ for rent in sexual favours – BBC News

Posted January 8th, 2013 in child abuse, landlord & tenant, news, rent, sentencing, sexual offences by sally

“A landlord who forced a teenage girl to ‘pay’ for her rent with sexual favours has been jailed for four years.”

BBC News, 7th January 2013

Source: www.bbc.co.uk

Changes to stamp duty land tax sub-sale rules will affect commercial transactions, said expert – OUT-LAW.com

Posted December 12th, 2012 in bills, conveyancing, news, rent, stamp duty, tax avoidance by sally

“Changes to the stamp duty land tax (SDLT) sub-sale rules announced as part of the draft Finance Bill ‘will introduce complexity and uncertainty into commercial transactions’ said John Christian, a property tax expert at Pinsent Masons, the law firm behind Out-law.com.”

OUT-LAW.com, 11th December 2012

Source: www.out-law.com

Give Me Back My Money – NearlyLegal

Posted November 30th, 2012 in landlord & tenant, news, rent, repayment by tracey

“We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of rent or housing benefits where the landlord has been operating an unlicensed HMO.”

NearlyLegal, 28th November 2012

Sourc: www.nearlylegal.co.uk/blog/

Inside justice: London Rent Assessment Panel – The Guardian

Posted October 31st, 2012 in dispute resolution, landlord & tenant, news, rent, repairs by sally

“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”

The Guardian, 30th October 2012

Source: www.guardian.co.uk

Addressing the issue – Hardwicke Chambers

Posted October 18th, 2012 in landlord & tenant, leases, news, rent, tribunals by sally

“The appeal in Beitov Properties Ltd v Elliston Bentley Martin [2012] UKUT 133 (LC) highlights three issues for landlords: compliance with s47 of the Landlord & Tenant Act 1987, remedying non-compliance, and the Leasehold Valuation Tribunal’s procedure and jurisdiction.”

Hardwicke Chambers, 12th October 2012

Source: www.hardwicke.co.uk

Service charges can form part of rent for VAT purposes where transactions “closely linked” – OUT-LAW.com

Posted September 28th, 2012 in news, rent, service charges, VAT by tracey

“Charges for cleaning and maintenance in respect of a commercial property lease may be treated as part of the rental of that property, and therefore exempt from value added tax (VAT), where the two charges are ‘closely linked’, the European Court of Justice (ECJ) has ruled.”

OUT-LAW.com, 27th September 2012

Source: www.out-law.com

Pay To Stay: A potential can of worms in social housing reform – Hardwicke Chambers

Posted September 25th, 2012 in housing, local government, news, rent by sally

“‘For far too long, millions of people on waiting lists have watched helplessly as high-earning social tenants continue to occupy homes designed to help the most vulnerable…if they want to continue using this precious national resource, they will pay for the privilege.’

When the then Housing and Local Government Minister, Grant Shapps MP, launched a consultation on giving social landlords the power to charge market rents to high income tenants on 13 June 2012, he did so using deliberately strong language.”

Harwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

Case law argues London’s priced out tenants are ‘homeless’ – The Guardian

Posted August 21st, 2012 in homelessness, housing, London, news, rent, reports by sally

“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”

The Guardian, 21st August 2012

Source: www.guardian.co.uk

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