RROs, company directors and reasonable excuses – Nearly Legal
‘A couple of Upper Tribunal appeal decisions on rent repayment order cases.’
Nearly Legal, 23rd January 2022
Source: nearlylegal.co.uk
Category: rent
The Commercial Rent (Coronavirus) Bill: the Code of Practice – Local Government Lawyer
‘In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.’
Local Government Lawyer, 3rd December 2021
Source: www.localgovernmentlawyer.co.uk
Research Briefing: Leasehold Reform (Ground Rent) Bill 2021-22 – House of Commons Library
‘This briefing paper outlines the main provisions of the Leasehold Reform (Ground Rent) Bill 2021-22 and the key issues raised during consideration in the House of Lords.’
House of Commons Library , 25th November 2021
Source: commonslibrary.parliament.uk
London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer
‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’
Local Government Lawyer, 23rd November 2021
Source: www.localgovernmentlawyer.co.uk
Rent Repayment applications – time limits for substituting parties – Nearly Legal
‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’
Nearly Legal, 31st October 2021
Source: nearlylegal.co.uk
Recovering commercial rent during the pandemic – Local Government Lawyer
‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
Rent Repayment Orders – not ALL the rent – Nearly Legal
‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’
Nearly Legal, 11th October 2021
Source: nearlylegal.co.uk
A tale of two judges – Law Society’s Gazette
‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’
Law Society's Gazette, 11th October 2021
Source: www.lawgazette.co.uk
Pick the first landlord up – Nearly Legal
‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’
Nearly Legal, 29th July 2021
Source: nearlylegal.co.uk
RROs – late payments, rent arrears and deposits considered by the Upper Tribunal – Nearly Legal
‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’
Nearly Legal, 18th July 2021
Source: nearlylegal.co.uk
Stay of proceedings in consequence of restructuring plan – Mills & Reeve
‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’
Mills & Reeve, 7th July 2021
Source: www.mills-reeve.com
A reasonable excuse defence to an RRO – ‘they told me they’d tell me’ – Nearly Legal
‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’
Nearly Legal, 27th June 2021
Source: nearlylegal.co.uk
Binding arbitration to settle Covid commercial rent disputes – Litigation Futures
‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’
Litigation Futures, 17th June 2021
Source: www.litigationfutures.com
Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal
‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’
Nearly Legal, 9th June 2021
Source: nearlylegal.co.uk
Eviction ban: A million are in fear of losing their homes, charity says – BBC News
‘As England’s coronavirus eviction ban comes to an end on Monday, around a million households fear losing their homes, a charity says.’
BBC News, 31st May 2021
Source: www.bbc.co.uk
The Inferno of the private rental sector – Nearly Legal
‘For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented sector, rent repayment order decisions are a good way to find displayed what Dante tells us are the three conditions of sin – incontinence, vice, and brute bestiality.’
Nearly Legal, 23rd May 2021
Source: nearlylegal.co.uk
Less Notice! More Forms! End of eviction ban! – Nearly Legal
‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’
Nearly Legal, 12th May 2021
Source: nearlylegal.co.uk
Rent Repayment Order and legal costs – Nearly Legal
‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’
Nearly Legal, 9th May 2021
Source: nearlylegal.co.uk
Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com
‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’
OUTLAW.com, 28th April 2021
Source: www.pinsentmasons.com
Housing case law update – March 2021 – Local Government Lawyer
‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’
Local Government Lawyers, 30th March 2021
Source: www.localgovernmentlawyer.co.uk
