repayment – Current Awareness

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.’

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.’

Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

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.’

Nearly Legal, 8th September 2024

Source: nearlylegal.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.’

Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Council refunded £1.5m to ‘gagged’ leaseholders – BBC News

Posted July 1st, 2024 in confidentiality, leases, local government, London, news, non-disclosure agreements, repairs, repayment by tracey

‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’

BBC News, 30th June 2024

Source: www.bbc.co.uk

First judgment in a judicial review claim concerning the Disguised Remuneration Repayment Scheme 2020 – Devereux Chambers

Posted June 13th, 2024 in chambers articles, disclosure, income tax, judicial review, news, remuneration, repayment by sally

‘The High Court (Mrs Justice Dias) has handed down its first judgment concerning the Disguised Remuneration Repayment Scheme 2020 (DRRS), and in particular the proper interpretation of the requirement for “reasonable disclosure”. The Claimant, Sensor Solutions Ltd, challenged a decision of HMRC not to make payments to the Claimant under the DRRS.’

Devereux Chambers, 15th May 2024

Source: www.devereuxchambers.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.’

Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

Repayment prevented by sanctions – Law Society’s Gazette

Posted May 30th, 2023 in debts, interest, loans, news, repayment, Russia, sanctions by sally

‘In a novel application of the ancient equitable jurisdiction that protects a debtor’s right to redeem mortgaged property, after a short trial, Mr Justice Green granted Fortenova Grupa’s redemption action against LLC Shushary Holding – a subsidiary of VTB Bank PJSC, sanctioned in the UK, EU and US. The action concerned €1.157bn of senior secured floating rate notes issued by Fortenova and due to mature in September 2023; 38% of the notes were owned by Shushary.’

Law Society's Gazette, 26th May 2023

Source: www.lawgazette.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.’

Tanfield Chambers, 3rd March 2023

Source: www.tanfieldchambers.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.’

Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog

Posted January 24th, 2023 in amendments, news, repayment, Scotland, Supreme Court, taxation, time limits by sally

‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’

UKSC Blog, 23rd January 2023

Source: ukscblog.com

Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by tracey

‘A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not clear or evidenced that the person received a rack rent.’

OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

23 Essex Street, 25th August 2022

Source: www.23es.com

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk

High Court upholds ruling that $3m CFA is unforceable – Legal Futures

Posted August 2nd, 2022 in agreements, enforcement, fees, law firms, news, repayment by tracey

‘The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement (CFA) has to repay the money.’

Legal Futures, 2nd August 2022

Source: www.legalfutures.co.uk

CMA launches court action against Teletext Holidays – gov.uk

Posted October 19th, 2021 in consumer protection, coronavirus, holidays, news, repayment, undertakings by tracey

‘The CMA has today launched court action against Teletext Holidays over inadequate progress on refunds to package holiday customers.’

gov.uk, 18th October 2021

Source: www.gov.uk

Rent Repayment Orders – not ALL the rent – Nearly Legal

Posted October 12th, 2021 in houses in multiple occupation, landlord & tenant, licensing, news, rent, repayment by sally

‘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

RROs – late payments, rent arrears and deposits considered by the Upper Tribunal – Nearly Legal

Posted July 20th, 2021 in deposits, landlord & tenant, news, rent, repayment by sally

‘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

Frustrated Contracts and Wedding Venues – article by Harry Dyson – Park Square Barristers

Posted June 17th, 2021 in contracts, coronavirus, hotels, marriage, news, regulations, repayment by sally

‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’

Park Square Barristers, 15th June 2021

Source: www.parksquarebarristers.co.uk

Housing case law update – March 2021 – Local Government Lawyer

Posted March 31st, 2021 in change of use, coronavirus, costs, homelessness, housing, indemnities, injunctions, local government, news, ombudsmen, planning, rent, repayment, repossession by tracey

‘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

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