Housing complaints overhaul targets rogue landlords – Daily Telegraph

Posted February 19th, 2018 in complaints, consultations, housing, landlord & tenant, news by sally

‘Tenants left fighting with private landlords over shoddy accommodation will be consulted on a new complaints system, the Government has announced.’

Full Story

Daily Telegraph, 18th February 2018

Source: www.telegraph.co.uk

I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by tracey

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

Full Story

Nearly Legal, 11th February 2018

Source: nearlylegal.co.uk

Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by tracey

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

Full Story

Nearly Legal, 11th Febraury 2018

Source: nearlylegal.co.uk

Fire Safety – Who Pays? – Nearly Legal

Posted February 5th, 2018 in costs, fire, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’

Full Story

Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk

Criminal landlords could lose all earnings after court ruling – The Guardian

Posted February 2nd, 2018 in landlord & tenant, local government, news, proceeds of crime by sally

‘Criminal landlords who rent out illegally dangerous homes will be forced to give up all their earnings, following a court ruling that could strengthen powers to tackle Britain’s worst housing.’

Full Story

The Guardian, 1st February 2018

Source: www.theguardian.com

Borough council secures £70,000 fine for HMO offences – Local Government Lawyer

Posted January 30th, 2018 in costs, fines, housing, landlord & tenant, local government, news by sally

‘Luton Borough Council has secured its largest ever fine – £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).’

Full Story

Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

Ryan v Villarosa [2017] UKUT 466 (LC) – Tanfield Chambers

Posted January 9th, 2018 in landlord & tenant, leases, news, repairs, tribunals by sally

‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’

Full Story

Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers

Posted January 9th, 2018 in appeals, costs, landlord & tenant, news, service charges, tribunals by sally

‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’

Full Story

Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

Posted January 4th, 2018 in housing, landlord & tenant, licensing, local government, news by sally

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

Full Story

Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

Iris Hyslop v 38/41 CHG Residents Co Limited [2017] UKUT 398 (LC) – Tanfield Chambers

Posted December 8th, 2017 in appeals, landlord & tenant, news, service charges, time limits, tribunals by sally

‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’

Full Story

Tanfield Chambers, 1st December 2017

Source: www.tanfieldchambers.co.uk

Incurred and incurred again – Nearly Legal

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

Full Story

Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

Full Story

Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

Full Story

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Cos Services Limited v Nicholson & Willans [2017] UKUT 382 (LC) – Tanfield Chambers

Posted November 24th, 2017 in insurance, landlord & tenant, news by sally

‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’

Full Story

Tanfield Chambers, 1st November 2017

Source: www.tanfieldchambers.co.uk

When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

Full Story

The 36 Group, 23rd October 2017

Source: 36group.co.uk

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

Full Story

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

Full Story

Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Homelessness Update – Doughty Street Chambers

‘Annual Review of Developments in Homelessness Law presentation slides.’

Full Story

Doughty Street Chambers, 17th November 2017

Source: www.doughtystreet.co.uk

Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal

Posted November 15th, 2017 in bills, health & safety, housing, landlord & tenant, reports by tracey

‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’

Full report

Full story

Nearly Legal, 14th November 2017

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

Grenfell Tower fire: Britain’s housing laws ‘inadequate’ and ‘outdated’, finds Shelter report – The Independent

Posted November 14th, 2017 in fire, health & safety, housing, landlord & tenant, news, regulations, reports by tracey

‘Britain’s “inadequate” and “outdated” housing laws are failing to prioritise tenant safety, a damning report commissioned by Shelter has found.’

Full Story

The Independent, 14th November 2017

Source: www.independent.co.uk