You don’t just walk away – NearlyLegal

Posted April 22nd, 2014 in costs, housing, landlord & tenant, leases, news, tribunals by sally

‘R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast – a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard about this case, I had thought it would be more interesting than it has turned out to be.’

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NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

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Gonna get myself arrested – NearlyLegal

Posted April 22nd, 2014 in civil procedure rules, landlord & tenant, news, tribunals by sally

‘Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I’ve come across recently (transcript not publicly available; I’ve got one and am trying to persuade the Landlord and Tenant Reports to publish it). For reasons that will become clear, it has wider significance for LVT/FTT cases and although only a county court judgment, it is by HHJ Walden-Smith who is herself a judge of the UT(LC); not binding authority, I accept, but persuasive and important.’

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NearlyLegal, 18th April 2014

Source: www.nearlylegal.co.uk

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Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

’2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

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Early Compliance – NearlyLegal

Posted April 14th, 2014 in appeals, deposits, judicial review, landlord & tenant, news, repossession by sally

‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’

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NearlyLegal, 11th April 2014

Source: www.nearlylegal.co.uk

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Landlords are wrong and tenants right? The two sides of the eviction story – The Guardian

Posted April 7th, 2014 in landlord & tenant, news, rent, repairs, repossession by sally

‘Tenant evictions are a thorny subject. On one side tenants say they are often evicted illegally, without reason, and far too often. On the other, landlords complain that ousting troublesome tenants is expensive and time-consuming. We’ve looked at two evictions – one from a landlord’s point of view and the other from the tenant’s, and offered a guide to your rights – whichever side you are on.’

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The Guardian, 5th April 2014

Source: www.guardian.co.uk

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London Fire Brigade secures first confiscation order against landlord – Local Government Lawyer

Posted March 11th, 2014 in confiscation, fines, fire services, health & safety, landlord & tenant, news by tracey

‘The London Fire Brigade has obtained a confiscation order for the first time, against a landlord who was also fined for breaches of fire safety laws.’

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Local Government Lawyer, 10th March 2014

Source: www.localgovernmentlawyer.co.uk

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The prevention of Social Housing Fraud Act 2013: What will it do? – Hardwicke Chambers

Posted March 10th, 2014 in fraud, housing, landlord & tenant, local government, news by sally

‘This presentation considers the Prevention of Social Housing Fraud Act (―the Act‖), which came into force on 15 October 2013, from a practical perspective. A brief background to the Act will be set out below at paragraphs 3 to 7 along with the intended effects. There will then follow an examination of the provisions of the Act and an evaluation of its likely future impact and use, particularly on and by local authorities and housing associations.’

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Hardwicke Chambers, 28th February 2014

Source: www.hardwicke.co.uk

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Bathroom spy-cam landlord escapes jail term – Daily Telegraph

‘A landlord who installed a hidden camera in his bathroom so he could spy on female students showering has avoided a jail sentence.’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

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Landlords win legal battle over Game – Daily Telegraph

Posted February 25th, 2014 in appeals, insolvency, landlord & tenant, news, rent by sally

‘Court of Appeal ruling gives high street landlords more protection in administrations’

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Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk

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Fixed term tenancies: How hard can it be for a social landlord? – Hardwicke Chambers

Posted February 14th, 2014 in fixed-term contracts, landlord & tenant, leases, news by sally

‘In November 2010 the Housing Minister Grant Shapps identified what he perceived to be a problem with social housing:

“For far too long in this country there has been a lazy consensus about the use of social housing, which has left one of our most valuable resources trapped in a system that helps far fewer people than it should. This out-of-date approach has seen waiting lists rocket and is unfair to people who genuinely need social homes. They trap existing tenants in poverty, often in homes that aren’t suitable for them.”

After consultation the Government came up with some proposed solutions which involved a radical re-think of the way social housing was to be allocated and administered. The ideas included: flexible tenancies, fairer allocations, greater mobility, fairer provision for homeless, affordable rents and tenants’ powers of scrutiny.’

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Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

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Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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Council acted unlawfully in refusing tenancy – UK Human Rights Blog

Posted January 30th, 2014 in housing, illegality, landlord & tenant, local government, news, solicitors by sally

‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’

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UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

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Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon [2014] EWCA Civ 17; [2014] WLR (D) 20

‘Where the tenant of a long lease became bankrupt, a notice claiming to exercise the right of enfranchisement, pursuant to Part I of the Leasehold Reform Act 1967, served in the name of the bankrupt tenant by a receiver, appointed by a sub-chargee of the property, was invalid as by the time the notice was served the tenant was no longer the tenant as his tenancy had vested in his trustee in bankruptcy.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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High Court slams council for “act of retaliation” against PI law firm which sued it – Legal Futures

‘A local authority’s refusal to offer a law firm tenant a new lease was “an act of retaliation, pure and simple”, to punish the firm for bringing personal injury claims against it, the High Court found last week.’

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Legal Futures, 27th January 2014

Source: www.legalfutures.co.uk

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HB and Exempt accommodation: unreasonably high rent – NearlyLegal

Posted January 24th, 2014 in benefits, housing, landlord & tenant, news, rent, service charges by sally

‘I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike (#fairpayinHE). But, it is a really quite important case about the application of the unreasonably high rent rule for “exempt accommodation” in Reg 13 and Sch 3 of the 2006 Housing Benefit regs. The principal question of law concerns the meaning of “suitable alternative accommodation” in those regs.’

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NearlyLegal, 23rd January 2014

Source: www.nearlylegal.co.uk

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Guarantor was released from obligations when alterations to property were made without its consent, Appeal Court confirms – OUT-LAW.com

Posted January 24th, 2014 in insolvency, landlord & tenant, leases, news, rent, surety by sally

‘The guarantor of an insolvent commercial tenant cannot be held liable for outstanding obligations if changes were made to the lease without its consent which had the “potential” to increase the burden on the guarantor, the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

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Putting it off – NearlyLegal

Posted January 9th, 2014 in housing, landlord & tenant, news, service charges, tribunals by sally

‘Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure.’

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NearlyLegal, 8th January 2014

Source: www.nearlylegal.co.uk

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Shorthold tenancies and council tax liability – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, council tax, landlord & tenant, local government, news by sally

‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’

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NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

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What role does mediation play in social housing? – Hardwicke Chambers

‘At a case management hearing in the LVT (as it then was) back in March 2013, the chair said that, whilst normally he would direct that the parties to that dispute should attempt mediation, he was aware that it was “usually pointless” doing so where public funds are at stake as public bodies generally cannot justify the arbitrary reductions that can be necessary for a mediation to succeed, and fear creating some form of precedent. Misguided as I thought the chair was, it did seem likely that he might have been speaking from many years of experience.’

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Hardwicke Chambers, 3rd December 2013

Source: www.hardwicke.co.uk

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The Permissive Notice – NearlyLegal

Posted December 9th, 2013 in appeals, interpretation, landlord & tenant, news, repossession by sally

‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’

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NearlyLegal, 8th December 2013

Source: www.nearlylegal.co.uk

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