Category: rent

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

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Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

Ground rent not legally or commercially necessary, says UK watchdog – The Guardian

Posted March 14th, 2024 in competition, consumer protection, leases, news, rent by sally

‘Britain’s competition watchdog has said ground rent is “neither legally nor commercially necessary” and that government may need to step in to protect consumers from soaring costs.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

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Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

Upper Tribunal on ‘person managing’ and ‘person in control’ of HMO for an RRO – Nearly Legal

Posted January 2nd, 2024 in houses in multiple occupation, news, rent, repayment, statutory interpretation by tracey

‘Cottam & Ors v Lowe Management Ltd (HOUSING – RENT REPAYMENT ORDER – statutory definitions of “person managing” and “person in control of” an HMO) (2023) UKUT 306 (LC). This is a quite significant Upper Tribunal decision on a rent repayment order application appeal on the statutory meaning of “person managing” and “person in control” of an HMO, with an interesting other issue on the effect of the owner of the property being a “health service body” for the purposes of Schedule 14 Housing Act 2004.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

Rent Free Fitting Out Periods in 1954 Act Renewals – Gatehouse Chambers

Posted November 21st, 2023 in chambers articles, landlord & tenant, leases, news, rent by sally

‘In a 1954 Act claim for a renewed business tenancy, the Court will (if the parties cannot agree) need to determine the rent payable by the tenant in respect of the new lease. As part of this process the Court will, invariably, hear expert evidence and consider comparables (ideally in the form of open-market transactions of similar properties in a similar area).’

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Gatehouse Chambers, 16th October 2023

Source: gatehouselaw.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

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OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

Ban on no-fault evictions in England unlikely this year – The Guardian

Posted October 18th, 2023 in government departments, homelessness, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Rent increase and creation of a new tenancy – Nearly Legal

Posted October 11th, 2023 in bereavement, families, housing, landlord & tenant, local government, news, rent, repossession by tracey

‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’

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Nearly Legal, 8th October 2023

Source: nearlylegal.co.uk

Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers

Posted October 10th, 2023 in chambers articles, civil procedure rules, landlord & tenant, news, rent, repairs, repossession by sally

‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’

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Park Square Barristers, 14th September 2023

Source: www.parksquarebarristers.co.uk

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

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Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

Court of Appeal clears up leasehold confusion – Law Society’s Gazette

Posted June 1st, 2023 in enfranchisement, landlord & tenant, Law Commission, leases, news, rent by sally

‘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.’

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Law Society's Gazette, 31st May 2023

Source: www.lawgazette.co.uk

Renters (Reform) Bill – overview Part 2 – Nearly Legal

Posted May 19th, 2023 in animals, bills, housing, landlord & tenant, leases, news, rent by tracey

‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’

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Nearly Legal , 18th May 2023

Source: nearlylegal.co.uk

Rakusen v Jepsen: Sam Madge-Wyld comments on the decision – Tanfield Chambers

Posted March 30th, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by sally

‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’

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Tanfield Chambers, 3rd March 2023

Source: www.tanfieldchambers.co.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted March 8th, 2023 in bills, government departments, housing, landlord & tenant, news, parliament, rent, repairs, repossession by sally

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish ‘no-fault’ section 21 evictions in the private rented sector. This paper covers developments to date.’

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House of Commons Library, 7th March 2023

Source: commonslibrary.parliament.uk

New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

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Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

Court bid to protect against ‘ghost landlords’ fails – BBC News

Posted March 3rd, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent, repairs, Supreme Court by sally

‘A legal bid to protect tenants from so called “ghost landlords” has failed, in a move that could have significant implications for people looking to claim their rent back if they live in bad conditions.’

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BBC News, 2nd March 2023

Source: www.bbc.co.uk

Supreme Court rules rent repayment orders cannot be made against superior landlords – Local Government Lawyer

Posted March 2nd, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by tracey

‘The Supreme Court has upheld a Court of Appeal ruling that a rent repayment order cannot be made against a superior landlord.’

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Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

Posted February 27th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, Supreme Court by sally

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

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Local Government Lawyer, 24th February 2023

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk