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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The Right to Rent and The Immigration Act 2016 – LAG Housing Law

‘In this post Alice Richardson considers the Immigration Act 2016 as it relates to possession proceedings and eviction.’

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LAG Housing Law, 21st June 2016

Source: www.laghousinglaw.com

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Rent increases and rent lawfully due – Nearly Legal

Posted June 23rd, 2016 in landlord & tenant, news, rent by sally

‘A few years ago now, I was instructed by Luton Law Centre in a series of possession cases brought by BPHA (a housing association) in Luton and Bedford County Courts. The claims were all for rent arrears, brought variously on Housing Act (HA) 1988 Sch 2 Grounds 8, 10 and 11. Their common feature was that, in all of them, BPHA had (apparently unwittingly) been raising the rent in breach of the terms.’

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Nearly Legal, 22nd June 2016

Source: www.nearlylegal.co.uk

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Yes but No – Article 8 and the private sector – Nearly Legal

‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’

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Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

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Landlord sentenced after admitting conspiring to defraud council – Local Government Lawyer

‘A landlord has been sentenced to 17 months in prison suspended for 12 months after she admitted conspiring to defraud a district council.’

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Local Government Lawyer, 17th June 2016

Source: www.localgovernmentlawyer.co.uk

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From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

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Timothy Taylor Ltd v Mayfair House Corpn and another – WLR Daily

Posted June 3rd, 2016 in covenants, landlord & tenant, law reports, leases by sally

Timothy Taylor Ltd v Mayfair House Corpn and another [2016] EWHC 1075 (Ch)

‘The tenant occupied the ground and basement floors of a building from which it operated a gallery. The lease contained terms reserving the landlord’s right to build and a covenant for quiet enjoyment. In order to carry out works on the adjoining upper floors of the building, the landlord erected scaffolding, which enveloped the building, restricting access to the tenant’s gallery and giving the impression that it was closed. The works also caused substantial noise in the tenant’s premises. No financial compensation was offered by the landlord to the tenant for the works undertaken.’

WLR Daily, 10th May 2016

Source: www.iclr.co.uk

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Beware of residential rights – Tanfield Chambers

Posted June 2nd, 2016 in housing, landlord & tenant, leases, news by sally

‘With the constant cry for more housing, commercial developers are increasingly including residential flats in their plans. Whether they are converting offices into homes or building new mixed-use schemes, developers must be aware of the raft of rights that residential tenants enjoy which are not available to commercial tenants. With some careful planning, some of these rights can be avoided.’

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Tanfield Chambers, 31st May 2016

Source: www.tanfieldchambers.co.uk

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And the first shall be last – Nearly Legal

Posted May 31st, 2016 in amendments, housing, landlord & tenant, local government, news by tracey

‘An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch). Three tenancy agreements for the same property, apparently at least partly at the same time, and possession proceedings against someone who was not a tenant under either agreement. Just how was this going to work out.’

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Nearly Legal, 30th May 2016

Source: www.nearlylegal.co.uk

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Tis aw a muddle – costs edition – Nearly Legal

Posted May 6th, 2016 in agency, costs, injunctions, joinder, landlord & tenant, news, repossession by tracey

‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’

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Nearly Legal, 4th May 2016

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

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Practical advice on forfeiture – Hardwicke Chambers

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

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You’ve lost that loving Ealing (Sorry) – Nearly Legal

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

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Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

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Saving the bank’s security after it is too late… – Tanfield Chambers

Posted April 26th, 2016 in banking, forfeiture, landlord & tenant, leases, news, setting aside by sally

‘It is a requirement of the court rules that when a landlord seeks to forfeit a residential lease by issuing a claim in court, that claim must be served on a mortgagee. The purpose of this provision is to make sure that the bank is able to apply for relief from forfeiture (and hence reinstate its security) before it is too late. But what happens if the bank is served with the claim, the tenant and the bank do not attend the hearing, the lease is forfeited and the possession order subsequently enforced with the result that title is closed and the bank loses its security?’

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Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

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