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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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).’

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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.’

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NearlyLegal, 5th February 2015

Source: www.nearlylegal.co.uk

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When notice is not required to succeed in an injury claim against a landlord – Zenith PI Blog

Posted February 5th, 2015 in appeals, landlord & tenant, news, notification, personal injuries by sally

‘The Appellant, (Edwards) rented a 2nd floor flat by way of an assured short hold tenancy from the Respondent (Kumarasamy). The Respondent was not the owner of the block of flats but had a long lease of the particular flat let to the Appellant. The Appellant suffered injury when he tripped over an uneven paving stone in the pathway ,between the front door of the block and the communal bins. The Respondent had received no notice of the defect prior to the accident. This was accepted.’

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Zenith PI Blog, 4th February 2015

Source: www.zenithpi.wordpress.com

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Landlords to be banned from letting draughtiest homes – The Guardian

Posted February 5th, 2015 in energy, environmental protection, landlord & tenant, news, regulations by sally

‘Landlords will be banned from renting out England and Wales’ draughtiest homes from 2018 in a bid to cut energy bills and carbon emissions. The new regulations are expected to help around a million tenants who are paying as much as £1,000 a year more than the average annual bill of £1,265 because of poorly insulated homes.’

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The Guardian, 5th February 2015

Source: www.guardian.co.uk

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Edwards v Kumarasamy – WLR Daily

Posted February 3rd, 2015 in appeals, covenants, landlord & tenant, law reports, repairs by tracey

Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40

‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’

WLR Daily, 28th January 2015

Source: www.iclr.co.uk

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Unnoticed – NearlyLegal

Posted January 29th, 2015 in appeals, easements, housing, landlord & tenant, news, repairs by sally

‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’

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NearlyLegal, 28th January 2015

Source: www.nearlylegal.co.uk

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Judge allows hotel companies to reassign leases without losing benefit of associated guarantees – OUT-LAW.com

Posted January 21st, 2015 in assignment, guarantees, hotels, landlord & tenant, leases, news, third parties by sally

‘A High Court judge has approved arrangements allowing companies within the Hilton group to reassign leases between themselves without the landlord losing the benefit of a guarantee granted by the parent company.’

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OUT-LAW.com, 20th January 2015

Source: www.out-law.com

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Disrepair damages update – NearlyLegal

Posted January 21st, 2015 in damages, landlord & tenant, leases, legal aid, news, repairs by sally

‘Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013
Claimant had been the protected tenant of a two bed flat in a Victorian terrace conversion for 30 years. Current rent was £191 per week.’

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NearlyLegal, 18th January 2015

Source: www.nearlylegal.co.uk

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Private renters’ rights are stuck in the dark ages, Citizens Advice warns – The Guardian

‘Currently landlords obligated to repair fundamental fault in property – but can evict tenants if they pursue rights to repair.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

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Commercial property: dilapidations liability – Law Society’s Gazette

Posted January 12th, 2015 in damages, dilapidations, landlord & tenant, leases, news, repairs by sally

‘As the average lease length decreases, a review of dilapidations liability by the Court of Appeal is timely. Dilapidations are the repair works which have not been undertaken by the tenant, in breach of the terms of the lease.’

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Law Society’s Gazette, 12th January 2015

Source: www.lawgazette.co.uk

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