Local authority prosecutes housing association tenant for unlawful subletting – Local Government Lawyer

Posted May 13th, 2015 in benefits, fraud, housing, landlord & tenant, local government, news by tracey

‘Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.’

Full story

Local Government Lawyer, 12th May 2015

Source: www.localgovernmentlawyer.co.uk

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As difficult as pulling teeth – Nearly Legal

Posted May 5th, 2015 in costs, damages, housing, landlord & tenant, news, repairs by sally

‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’

Full story

Nearly Legal, 4th May 2015

Source: www.nearlylegal.co.uk

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Rosslyn Mansions Tenants’ Association v Winstonworth Limited – Tanfield Chambers

Posted April 29th, 2015 in landlord & tenant, news, tribunals by sally

‘There is no requirement that the potential membership of a proposed tenants’ association must be at least 60% for a certificate of recognition to be granted under section 29 of the Landlord and Tenant Act 1985.’

Full story

Tanfield Chambers, 16th April 2015

Source: www.tanfieldchambers.co.uk

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Well I wouldn’t start from here – Nearly Legal

‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’

Full story

Nearly Legal, 8th April 2015

Source: www.nearlylegal.co.uk

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A New English (Leasehold) Reformation? – Tanfield Chambers

Posted April 2nd, 2015 in landlord & tenant, leases, news, Scotland by sally

‘Last time this column discussed the changes introduced to leasehold tenure in Scotland. Nicola Muir examined the long-term package of reforms designed to bring about the demise of the feudal and leasehold system north of the border. To recap, Scotland is about to implement the changes introduced by the Long Leases (Scotland) Act 2012, which follows the imposition in 1974 of a 20 year limit on the term of any new residential lease and the abolition of the feudal system of property ownership in 2004. In 2000 a limit of 175 years was imposed on the term of commercial leases. The final stage of reforms under the 2012 Act will convert qualifying leases into ownership. ‘

Full story

Tanfield Chambers, 20th March 2015

Source: www.tanfieldchambers.co.uk

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Certainty for landlords as commercial property energy efficiency regulations receive parliamentary approval – OUT-LAW.com

Posted April 2nd, 2015 in energy, landlord & tenant, news, regulations by sally

‘New energy efficiency standards for privately-let commercial property in England will come into force on 1 April 2018, after the UK parliament passed regulations in one of its final sessions ahead of May’s general election.’

Full story

OUT-LAW.com, 30th March 2015

Source: www.out-law.com

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Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

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Disability discrimination goes to full trial – Nearly Legal

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

Full story

Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

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Relief from sanctions for not turning up? – Nearly Legal

Posted March 25th, 2015 in appeals, civil procedure rules, landlord & tenant, news, nuisance, sanctions by sally

‘In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim based on nuisance and anti-social behaviour.’

Full story

Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

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Not So Alarming – Nearly Legal

‘There are new provisions requiring smoke and carbon monoxide detectors in residential properties.’

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Nearly Legal, 24th March 2015

Source: www.nearlylegal.co.uk

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Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995 – New Square Chambers

Posted March 17th, 2015 in appeals, covenants, landlord & tenant, news by sally

‘The Landlord and Tenant (Covenants) Act 1995, applies to “new tenancies” – tenancies granted on or after 1 January 1996. It reformed privity of contract in this area, giving a clean break to tenants on assignment of a new tenancy, except for excluded assignments and authorised guarantee agreements(AGAs). A guarantor is released to the same extent as a tenant upon a lawful assignment. s.25(1)(a) makes void agreements which have effective to frustrate the provisions of the 1995 Act. Below is a look at recent decisions concerning the application of the anti-avoidance provision and of other provisions against that background.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

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The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers

Posted March 17th, 2015 in costs, landlord & tenant, leases, local government, news, repairs by sally

‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’

Full story

Hardwicke Chambers, 9th March 2015

Source: www.hardwicke.co.uk

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“New for Old”: New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons – New Square Chambers

Posted March 17th, 2015 in covenants, landlord & tenant, leases, news, service charges by sally

‘In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

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Expectations are not existing facts – Nearly Legal

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

Full story

Nearly Legal, 5th March 2015

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

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Speech by HHJ Jarman: Administrative Court in Wales – Challenges and Opportunities – Judiciary of England and Wales

‘His Honour Judge Jarman QC gave a speech “Administrative Court in Wales: Challenges and Opportunities” at Swansea University on 19 November 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

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Ending flexible tenancies – a reminder – NearlyLegal

Posted February 25th, 2015 in costs, forfeiture, housing, landlord & tenant, news by sally

‘We don’t usually (indeed ever) repost previous material on NL. But I’m making an exception for this one, because I think it is timely. Flexible tenancies have been in existence for a while in some boroughs and I would expect that it is round about now that possession proceedings for a fault based grounds (rather than the end of the term and non-renewal of the flexible tenancy) would be starting to happen. I haven’t seen any yet, but my local boroughs don’t have flexible tenancies.’

Full story

NearlyLegal, 24th February 2015

Source: www.nearlylegal.co.uk

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Landlords shunning foreigners because of their accents, after new rules preventing illegal migrants from renting – The Independent

‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’

Full story

The Independent, 15th February 2015

Source: www.independent.co.uk

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Lord Justice Lewison and the Return of English – NearlyLegal

Posted February 10th, 2015 in appeals, housing, judges, landlord & tenant, legislation, news by sally

‘I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am thinking here of Spencer v Taylor (which we analysed here), Charalambous v Ng, and now Edwards v Kumarasamy. (our report). All of these are cases that touch primarily on the Private Rented Sector and all of them feature leading judgements by Lewison LJ. These are not of course the only big PRS cases to come from the CoA recently so I am not suggesting that Lewison LJ is the only CoA judge dealing with the PRS (see McDonald v McDonald for example) but he does seem to be getting a healthy majority right now.’

Full story

NearlyLegal, 9th February 2015

Source: www.nearlylegal.co.uk

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Proposed changes to S.21 – NearlyLegal

Posted February 9th, 2015 in bills, housing, landlord & tenant, news, notification, rent, repossession by sally

‘As well as the clauses introducing the retaliatory eviction proposals, the Government’s proposed amendments to the Deregulation Bill would make some other changes to s.21. The effects would be:

No s.21 notice can be served within the first 4 months of the shorthold tenancy, thus ending the all too widespread practice of serving a s.21 at the time the tenancy agreement is signed (though I’d still say that was probably caught by the deposit rules). The proposals also make clear that possession proceedings cannot be begun before 6 months from the start of the tenancy (that disposes of an idea some bright spark landlords had, that it was OK to start proceedings before 6 months so long as the possession order was made after the 6 month date).’

Full story

NearlyLegal, 8th February 2015

Source: www.nearlylegal.co.uk

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The revenge of retaliatory eviction law – NearlyLegal

Posted February 6th, 2015 in bills, landlord & tenant, news, repossession by sally

‘After the Teather ‘revenge eviction’ member’s bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election.’

Full story

NearlyLegal, 5th February 2015

Source: www.nearlylegal.co.uk

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