houses in multiple occupation – Current Awareness

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

Posted February 12th, 2024 in anonymity, appeals, civil servants, disclosure, houses in multiple occupation, housing, judicial review, local government, news by tracey

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

Upper Tribunal on ‘person managing’ and ‘person in control’ of HMO for an RRO – Nearly Legal

Posted January 2nd, 2024 in houses in multiple occupation, news, rent, repayment, statutory interpretation by tracey

‘Cottam & Ors v Lowe Management Ltd (HOUSING – RENT REPAYMENT ORDER – statutory definitions of “person managing” and “person in control of” an HMO) (2023) UKUT 306 (LC). This is a quite significant Upper Tribunal decision on a rent repayment order application appeal on the statutory meaning of “person managing” and “person in control” of an HMO, with an interesting other issue on the effect of the owner of the property being a “health service body” for the purposes of Schedule 14 Housing Act 2004.’

Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk

Landlords of crowded London flat that caught fire plead guilty to criminal charges – The Guardian

Posted November 29th, 2023 in accidents, confiscation, fire, houses in multiple occupation, housing, landlord & tenant, news, proceeds of crime by sally

‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’

The Guardian, 28th November 2023

Source: www.theguardian.com

Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer

Posted November 9th, 2023 in houses in multiple occupation, housing, landlord & tenant, local government, news, penalties by sally

‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’

Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

Posted November 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, licensing, local government, news by tracey

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – occupation and use – Nearly Legal

Posted October 30th, 2023 in appeals, houses in multiple occupation, housing, local government, news, repossession by tracey

‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’

Nearly Legal, 29th October 2023

Source: nearlylegal.co.uk

Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer

Posted July 5th, 2023 in fines, fire, health & safety, houses in multiple occupation, housing, landlord & tenant, local government, news by sally

‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’

Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer

Posted July 4th, 2023 in fines, health & safety, houses in multiple occupation, landlord & tenant, missing persons, news by sally

‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’

Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

What happens after a banning order? The further adventures of Mr Rasool – Nearly Legal

Posted June 26th, 2023 in fines, fire, health & safety, houses in multiple occupation, housing, landlord & tenant, news by tracey

‘Mohammed Rasool has featured here quite often, for getting an ASBi against him for illegal eviction, for his role in quite the bizarrest set of cases, in which he sought re-entry after alleged illegal eviction to properties he had no interest in and didn’t occupy, and for receiving a five year banning order, amongst other things. But the fall out of his track record of truly terrible landlording, and assorted criminal offences continues. Here is a new press release from Camden Council, on the outcome of their latest prosecution of Mohammed Ali Abbas Rasool and associated entities.’

Nearly Legal, 23rd June 2023

Source: nearlylegal.co.uk

Council prosecution sees landlords fined £434k for housing offences – Local Government Lawyer

Posted April 3rd, 2023 in fines, health & safety, houses in multiple occupation, housing, landlord & tenant, local government, news by sally

‘Eight landlords – five individuals and three companies – have been fined £434,000 for offences under the Housing Act 2004, including the operation of 14 unlicensed houses in multiple occupation (HMO) and a catalogue of breaches relating to fire safety, tenant information and maintenance of the properties, following a prosecution brought by West Northamptonshire Council.’

Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Rakusen v Jepsen: Sam Madge-Wyld comments on the decision – Tanfield Chambers

Posted March 30th, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by sally

‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’

Tanfield Chambers, 3rd March 2023

Source: www.tanfieldchambers.co.uk

New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

Court bid to protect against ‘ghost landlords’ fails – BBC News

Posted March 3rd, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent, repairs, Supreme Court by sally

‘A legal bid to protect tenants from so called “ghost landlords” has failed, in a move that could have significant implications for people looking to claim their rent back if they live in bad conditions.’

BBC News, 2nd March 2023

Source: www.bbc.co.uk

Supreme Court rules rent repayment orders cannot be made against superior landlords – Local Government Lawyer

Posted March 2nd, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by tracey

‘The Supreme Court has upheld a Court of Appeal ruling that a rent repayment order cannot be made against a superior landlord.’

Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

Posted February 27th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, Supreme Court by sally

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

Local Government Lawyer, 24th February 2023

Source: www.localgovernmentlawyer.co.uk

Court bid to protect tenants from ‘ghost landlords’ – BBC News

Posted January 26th, 2023 in contracts, houses in multiple occupation, housing, landlord & tenant, news, sham transactions, Supreme Court by sally

‘Housing campaigners hope a Supreme Court ruling to legally define who should be deemed a landlord will help protect tenants in some of England’s worst rental properties.’

BBC News, 26th January 2023

Source: www.bbc.co.uk

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

HMOs, overcrowding standards and reasonableness of accommodation – Nearly Legal

Posted October 26th, 2022 in appeals, homelessness, houses in multiple occupation, housing, local government, news by sally

‘A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’

Nearly Legal, 24th October 2022

Source: nearlylegal.co.uk

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