Home is where… the structure is annexed to the ground – Hardwicke Chambers

Posted August 27th, 2015 in holidays, landlord & tenant, news by sally

‘This was one of those rare cases where the facts just do not fit comfortably with the law.’
Full story

Hardwicke Chambers, 12th August 2015

Source: www.hardwicke.co.uk

Comments Off on Home is where… the structure is annexed to the ground – Hardwicke Chambers

Making sense of deposits. Nearly. – Nearly Legal

Posted August 25th, 2015 in deposits, housing, landlord & tenant, news, penalties by sally

‘It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants.’
Full story

Nearly Legal, 24th August 2015

Source: www.nearlylegal.co.uk

Comments Off on Making sense of deposits. Nearly. – Nearly Legal

Council defeats High Court challenge to borough-wide selective licensing – Local Government Lawyer

Posted August 18th, 2015 in consultations, landlord & tenant, licensing, local government, news by sally

‘A High Court judge has rejected a judicial review challenge to Croydon Council’s decision to introduce a selective licensing scheme for the whole borough.’

Full story

Local Government Lawyer, 17th August 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on Council defeats High Court challenge to borough-wide selective licensing – Local Government Lawyer

‘It did seem to be expensive’ – Nearly Legal

Posted August 14th, 2015 in landlord & tenant, leases, news, rent, service charges by tracey

‘Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC). If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?’

Full story

Nearly Legal, 8th August 2015

Source: www.nearlylegal.co.uk

Comments Off on ‘It did seem to be expensive’ – Nearly Legal

‘It did seem to be expensive’ – Nearly Legal

Posted August 11th, 2015 in appeals, costs, landlord & tenant, leases, news, rent, service charges, tribunals by sally

If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?

Full story

Nearly Legal, 9th August 2015

Source: www.nearlylegal.co.uk

Comments Off on ‘It did seem to be expensive’ – Nearly Legal

Pilot scheme forcing landlords to check tenants’ immigration status ‘has failed’ – The Guardian

Posted August 7th, 2015 in freedom of information, immigration, landlord & tenant, news, pilot schemes by tracey

‘A pilot scheme to force landlords to check the immigration status of prospective tenants has been a failure, the government’s own data suggests.’

Full story

The Guardian, 6th August 2015

Source: www.guardian.co.uk

Comments Off on Pilot scheme forcing landlords to check tenants’ immigration status ‘has failed’ – The Guardian

Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

‘County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled.’
Full story

Litigation Futures, 6th August 2015

Source: www.litigationfutures.com

Comments Off on Court of Appeal: Tenants on small claims track can be ordered to pay more than costs of issue – Litigation Futures

‘Wilful’ breach of lease not sufficient to allow landlord to terminate, court rules – OUT-LAW.com

Posted August 6th, 2015 in appeals, forfeiture, landlord & tenant, leases, news by sally

‘A tenant who “wilfully” breached the conditions of his lease by sub-letting to an obnoxious sub-tenant without the consent of the ultimate landlord should not be forced to forfeit the lease immediately, the Court of Appeal has ruled.’
Full story

OUT-LAW.com, 5th August 2015

Source: www.out-law.com

Comments Off on ‘Wilful’ breach of lease not sufficient to allow landlord to terminate, court rules – OUT-LAW.com

The Something Must Be Done Bill, Calais edition – Nearly Legal

Posted August 4th, 2015 in housing, human rights, immigration, landlord & tenant, news by sally

‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
Full story

Nearly Legal, 3rd August 2015

Source: www.nearlylegal.co.uk

Comments Off on The Something Must Be Done Bill, Calais edition – Nearly Legal

Illegal immigrants to UK face eviction without court order under new plans – The Guardian

Posted August 3rd, 2015 in asylum, benefits, bills, housing, immigration, landlord & tenant, news, proceeds of crime by sally

‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’

Full story

The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Comments Off on Illegal immigrants to UK face eviction without court order under new plans – The Guardian

Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’

Full story

Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Comments Off on Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

Service Charges in Mixed Use Developments – Tanfield Chambers

Posted July 28th, 2015 in consultations, landlord & tenant, news, service charges by sally

‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it.’
Full story

Tanfield Chambers, 7th July 2015

Source: www.tanfieldchambers.co.uk

Comments Off on Service Charges in Mixed Use Developments – Tanfield Chambers

Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Comments Off on Tenants who lack mental capacity to make decisions – Tanfield Chambers

Assessment of interim rent – New Square Chambers

Posted July 25th, 2015 in landlord & tenant, leases, news, rent, time limits by sally

‘As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years. The new lease normally now starts from the date of the court order. However there may be a gap between the expiry of the original lease and the start of, or as the case may be, the refusal of a new lease, a gap that may be significant in the case of a hotly contested case. During this interim period, the court can order that the tenant pay an interim rent to the landlord.’

Full story

New Square Chambers, 29th July 2015

Source: www.newsquarechambers.co.uk

Comments Off on Assessment of interim rent – New Square Chambers

Country’s worst landlord blames tenants for property convictions – The Guardian

Posted July 23rd, 2015 in landlord & tenant, local government, news, prosecutions, victims by sally

‘A London landlord has been convicted for property offences seven times but believes she is the victim, not her tenants.’

Full story

The Guardian, 23rd July 2015

Source: www.guardian.co.uk

Comments Off on Country’s worst landlord blames tenants for property convictions – The Guardian

Family Law Week’s Budget Briefing, July 2015 – Family Law Week

‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’

Full story

Family Law Week, 8th July 2015

Source: www.familylawweek.co.uk

Comments Off on Family Law Week’s Budget Briefing, July 2015 – Family Law Week

How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’

Full story

Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

Comments Off on How late it was, how late – Nearly Legal

Right to rent: all landlords must check immigration status or face £3,000 fine – Daily Telegraph

‘Landlords in England will be responsible for spotting illegal tenants ‘from September’ after a trial in the West Midlands results in fines.’

Full story

Daily Telegraph, 27th June 2015

Source: www.telegraph.co.uk

Comments Off on Right to rent: all landlords must check immigration status or face £3,000 fine – Daily Telegraph

Southward Housing Co-operative Ltd v Walker and others – WLR Daily

Posted June 16th, 2015 in landlord & tenant, law reports, leases by sally

Southward Housing Co-operative Ltd v Walker and others [2015] EWHC 1615 (Ch); [2015] WLR (D) 246

‘The rule that it was beyond the power of the landlord and the tenant to create a term which was uncertain did not depend for its application on the parties’ intentions; but might be disapplied where those intentions and fundamental aspects of their agreement would be confounded by it.’

WLR Daily, 8th June 2015

Source: www.iclr.co.uk

Comments Off on Southward Housing Co-operative Ltd v Walker and others – WLR Daily

Contract entitled landlord to raise service charge irrespective of increase in costs, says UK Supreme Court – OUT-LAW.com

Posted June 12th, 2015 in contracts, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘Lease provisions that would ultimately increase service charges payable by the tenants of a number of holiday homes near Swansea to more than £1 million a year should be allowed to stand, the UK’s highest court has ruled.’
Full story

OUT-LAW.com, 11th June 2015

Source: www.out-law.com

Comments Off on Contract entitled landlord to raise service charge irrespective of increase in costs, says UK Supreme Court – OUT-LAW.com