Housing shortage means many women ‘feel safer behind bars’ – BBC News

Posted September 22nd, 2016 in housing, landlord & tenant, news, prisons, probation, release on licence, reports, women by sally

‘A former inmate has told the BBC many women feel “safer in prison” due to a lack of suitable housing for female ex-offenders.’

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BBC News, 22nd September 2016

Source: www.bbc.co.uk

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The agreements that weren’t – Nearly Legal

Posted September 6th, 2016 in deposits, landlord & tenant, news, trusts by sally

‘Every now and again there is a reminder of the problems of a contractual tenancy. In this case, the difficulties involved a deposit of £52,000 and a weekly rent of £6,500.’

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Nearly Legal, 5th September 2016

Source: www.nearlylegal.co.uk

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Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

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UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

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Clearer on costs – Hardwicke Chambers

Posted August 25th, 2016 in costs, landlord & tenant, news, regulations, tribunals by sally

‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’

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Hardwicke Chambers, 5th August 2016

Source: www.hardwicke.co.uk

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Race Discrimination and Housing in post-Brexit Britain – Cloisters

Posted August 25th, 2016 in harassment, housing, immigration, landlord & tenant, news, race discrimination by sally

‘In this article Catherine Casserley and Tom Gillie consider race discrimination in housing and, in particular, the obligations that landlords have not to discriminate themselves and to take action when their tenants are experiencing discrimination and harassment by other tenants.’

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Cloisters, 22nd August 2016

Source: www.cloisters.com

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Airbnb – a quick buck or a catastrophic mistake? – Tanfield Chambers

Posted August 23rd, 2016 in covenants, holidays, housing, internet, landlord & tenant, leases, news by sally

‘The last few years have seen short term property letting sites such as Airbnb become the go-to way of booking holiday accommodation in Europe’s most popular cities. Millennial tourists are rejecting stuffy, expensive hotels, preferring instead the flexibility of their own apartment right in the middle of town where, in the words of Airbnb, they can “feel at home anywhere in the world”. In response, those who are lucky enough to own or occupy a city apartment have been quick to meet the demand, with new “hosts” joining the site every day. There are Airbnb kiosks on London’s high streets where tourists can book a property like they used to book a cab.’

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Tanfield Chambers, 5th August 2016

Source: www.tanfieldchambers.co.uk

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County court: restricting sunlight to a tenant’s flat could be breach of leasehold covenant – OUT-LAW.com

Posted August 19th, 2016 in covenants, landlord & tenant, leases, news, right to light by tracey

‘Development work that restricts natural sunlight to property can in principle be a breach of a ‘quiet enjoyment’ covenant in a lease, even where no formal right to light exists, according to the county court.’

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OUT-LAW.com, 17th August 2016

Source: www.out-law.com

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Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

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Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

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High Court: tenant’s failure to remove partitioning meant no vacant possession – OUT-LAW.com

Posted August 11th, 2016 in landlord & tenant, leases, news by tracey

‘A tenant was unable to exercise a break clause in a commercial lease due to its failure to remove partitioning that it had installed. This meant it had not provided vacant possession of the property, which was required by the lease as a condition of effective exercise of the break clause, the High Court has ruled.’

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OUT-LAW.com, 11th August 2016

Source: www.out-law.com

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Housing needs and household members – Nearly Legal

‘This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property.’

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Nearly Legal, 7th August 2016

Source: www.nearlylegal.co.uk

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Council tax, periodic tenancies, and the end of L&T law avoided – Nearly Legal

Posted August 2nd, 2016 in council tax, landlord & tenant, local government, news, tribunals, valuation by tracey

‘We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such that the tenant would remain liable for Council Tax, while here in the Shropshire decision (and amusingly featuring NL) the Valuation Tribunal decided that a contractual periodic tenancy following on from a fixed term of 6 months did amount to a material interest such that the tenant remained liable.’

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Nearly legal, 1st August 2016

Source: www.nearlylegal.co.uk

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Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

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Getting Noticed – Nearly Legal

Posted July 15th, 2016 in easements, landlord & tenant, news, notification, repairs by tracey

‘The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court of Appeal in two key areas.’

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Nearly Legal, 14th July 2016

Source: www.nearlylegal.co.uk

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Tenants win “forward looking test” case at Court of Appeal – Local Government Lawyer

Posted July 15th, 2016 in appeals, drug offences, landlord & tenant, local government, news, repossession by tracey

‘Tenants have won a Court of Appeal case over the use by judges of the “forward looking test” in two cases involving eviction from social housing after cannabis farms were discovered.’

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Local Government Lawyer, 13th July 2016

Source: www.localgovernmentlawyer.co.uk

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City West Housing Trust v Massey; Manchester and District Housing Association v Roberts – WLR Daily

Posted July 13th, 2016 in appeals, evidence, housing, landlord & tenant, law reports, repossession by sally

City West Housing Trust v Massey; Manchester and District Housing Association v Roberts [2016] EWCA Civ 704

‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

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Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

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McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

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A balancing act: a landlord’s right to build and a tenant’s right to quiet enjoyment – Henderson Chambers

Posted July 12th, 2016 in compensation, construction industry, landlord & tenant, news, noise by sally

‘Judgment has been handed down by the High Court in the matter of Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch), a case which raised in an acute form the conflict between a landlord’s right to build and a tenant’s right to quiet enjoyment.’

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Henderson Chambers, 1st July 2016

Source: www.hendersonchambers.co.uk

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‘Speak out’ plea as rogue lettings agent is jailed – BBC News

Posted July 11th, 2016 in agency, fraud, landlord & tenant, news, sentencing by sally

Nearly all scam and fraud victims “suffer in silence”, councils say, but the jailing of a lettings agent shows billions of pounds could be saved.

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BBC News, 8th July 2016

Source: www.bbc.co.uk

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Conditions of repentance – SPOs – Nearly Legal

Posted July 8th, 2016 in landlord & tenant, news, repossession by sally

‘When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in whole or part? And should an SPO impose conditions which set responsibilities on the landlord?’

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Nearly Legal, 7th July 2016

Source: www.nearlylegal.co.uk

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