Indecent homes and major works charges – NearlyLegal

Posted August 13th, 2014 in landlord & tenant, news, repairs, service charges by sally

‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’

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NearlyLegal, 12th August 2014

Source: www.nearlylegal.co.uk

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The strike down of Superstrike: Where are we now with tenancy deposits? – Hardwicke Chambers

Posted August 7th, 2014 in deposits, housing, landlord & tenant, news by sally

‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’

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Hardwicke Chambers, 6th August 2014

Source: www.hardwicke.co.uk

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Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

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Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

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Spencer v Taylor- Some Analysis – NearlyLegal

Posted August 4th, 2014 in appeals, landlord & tenant, news, notification, repossession, Supreme Court by sally

‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’

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NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

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Wiggins v Regent Wealth Ltd and others – WLR Daily

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

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Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch);  [2014] WLR (D)  330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Property owner liable for business rates when property fell unoccupied following liquidation of tenants, rules High Court – OUT-LAW.com

Posted July 17th, 2014 in appeals, landlord & tenant, local government, news, rates by tracey

‘A property fund group face a near £600,000 business rates bill in Birmingham after the council in the area won a High Court ruling relating to liability for business rates due following liquidation of the tenants of a property in the city.’

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OUT-LAW.com, 16th July 2014

Source: www.out-law.com

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Court of Appeal: landlord entitled to refuse new lease due to tenant’s failure to allow access – OUT-LAW.com

Posted July 9th, 2014 in covenants, landlord & tenant, leases, news, repairs by sally

‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’

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OUT-LAW.com, 9th July 2014

Source: www.out-law.com

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The UT Repays Again – NearlyLegal

Posted July 7th, 2014 in appeals, landlord & tenant, licensing, news, rent, repayment, tribunals, utilities by sally

The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

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Historic Neglect – Nearlylegal

Posted July 4th, 2014 in covenants, landlord & tenant, leases, news, repairs by tracey

‘Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.’

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Nearlylegal, 3rd July 2014

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

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English landlords will not need to re-comply with tenancy deposit requirements when tenancy ‘rolls over’ – OUT-LAW.com

Posted June 23rd, 2014 in appeals, bills, deposits, landlord & tenant, news, repossession, time limits by sally

‘English landlords that secured deposits from fixed-term tenants would not have to re-comply with the deposit protection rules if that tenancy later ‘rolls over’ to become a statutory periodic tenancy or if the landlord enters into a new tenancy with the same tenant for the same premises, the UK government has proposed.’

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OUT-LAW.com, 20th June 2014

Source: www.out-law.com

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They think it’s all over … – NearlyLegal

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

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NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

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Rogue landlords exploit deposit protection loophole – The Guardian

Posted June 20th, 2014 in consumer protection, deposits, landlord & tenant, news by tracey

‘Legislation to rein in bad landlords and agents can leave tenants out of pocket.’

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The Guardian, 19th June 2014

Source: www.guardian.co.uk

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Come friendly bombs… – NearlyLegal

Posted June 16th, 2014 in insurance, landlord & tenant, leases, news, service charges, terrorism, tribunals by sally

‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

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Former landlords and s.20B LTA 1985 – NearlyLegal

Posted June 16th, 2014 in appeals, landlord & tenant, leases, news, service charges, water companies by sally

‘In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

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On the naughty step: The unacceptable face of London landlords – NearlyLegal

Posted June 13th, 2014 in benefits, housing, landlord & tenant, leases, news, rent, unfair contract terms by sally

‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’

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NearlyLegal, 12th June 2014

Source: www.nearlylegal.co.uk

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Succession and Sharia – NearlyLegal

Posted June 3rd, 2014 in appeals, islamic law, landlord & tenant, married persons, news, succession by sally

‘From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms Al-Faisal married the Appellant, Ms Ouaha, in an Islamic marriage ceremony in London and the couple had two children in 1991 and 1994. Importantly for the purposes of this case, there was no civil ceremony.’

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NearlyLegal, 1st June 2014

Source: www.nearlylegal.co.uk

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Landlords face prosecution over criminal tenants – Daily Telegraph

Posted June 3rd, 2014 in bills, confiscation, landlord & tenant, news, sentencing by sally

‘New offence to be announced in the Queen’s Speech will make it an offence to turn a blind eye to criminal behaviour on your property – with a punishment of up to five years in jail.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

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Permitted use restriction in retail lease breached Competition Act, London court rules – OUT-LAW.com

Posted May 19th, 2014 in competition, landlord & tenant, leases, local government, news by sally

‘A ‘permitted use’ restriction in a commercial lease which limited the type of goods that a retail tenant could sell from the premises was in breach of the Competition Act, a county court in London has ruled.’

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OUT-LAW.com, 19th May 2014

Source: www.out-law.com

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