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.’

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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Grenfell Tower fire: Britain’s housing laws ‘inadequate’ and ‘outdated’, finds Shelter report – The Independent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‘Britain’s “inadequate” and “outdated” housing laws are failing to prioritise tenant safety, a damning report commissioned by Shelter has found.’

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The Independent, 14th November 2017

Source: www.independent.co.uk

Landlord’s ‘curry smell’ letting ban unlawful – BBC News

‘A buy-to-let tycoon who banned Indian and Pakistani tenants “because of the curry smell” has been ordered to ditch the policy.’

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BBC News, 8th November 2017

Source: www.bbc.co.uk

‘No coloureds’ landlord taken to court by UK equality watchdog – The Guardian

Posted November 8th, 2017 in equality, injunctions, landlord & tenant, news, race discrimination by tracey

‘The UK equality watchdog is seeking an injuction against buy-to-let mogul Fergus Wilson after he told his letting agent to ban “coloured” tenants because they left curry smells in his properties.’

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The Guardian, 8th November 2017

Source: www.theguardian.com

Deposits, Lies and Unlawful Evictions – Nearly Legal

Posted November 1st, 2017 in damages, deposits, landlord & tenant, news, repossession, trespass by sally

‘The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012. A deposit was paid in the sum of £500 but not protected by the Defendant.’

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Nearly Legal, 31st October 2017

Source: nearlylegal.co.uk

How long has this been going on? – settled accommodation – Nearly Legal

‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’

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Nearly Legal, 29th October 2017

Source: nearlylegal.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com

Challenging the cost of insurance – Tanfield Chambers

Posted October 20th, 2017 in insurance, landlord & tenant, leases, news by sally

‘It is frequently common for lessees to complain that the decision of a landlord to insure the freehold building with a particular insurer or under a particular policy is unreasonable because it is too expensive. Often the complaint is based on the lessee having found an alternative quote that does not include the same level of cover as is deemed necessary by the landlord. Sometimes, however, there are also cases where lessees find “like for like” quotes that are significantly cheaper than that obtained by the landlord. While it is well established that s.19, Landlord and Tenant Act 1985 does not require a landlord to obtain services at the cheapest cost, where there is evidence that the market will generally provide those services at a significantly lower price the First-tier Tribunal is more likely to find that the costs incurred by the landlord are not reasonable.’

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Tanfield Chambers, 19th October 2017

Source: www.tanfieldchambers.co.uk

Fining property manager £5k “completely disproportionate”: tribunal judge – Local Government Lawyer

Posted October 6th, 2017 in agency, compensation, fines, landlord & tenant, news, proportionality by tracey

‘A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

London Trading Standards issue £370k fines to letting agents in three months – Local Government Lawyer

Posted September 28th, 2017 in consumer protection, estate agents, fines, landlord & tenant, London, news by sally

‘Trading Standards departments in London have issued fines amounting to around £370,000 to lettings agents in the last three months alone, it has emerged.’

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Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

Council wins test appeal case against lettings agency ‘administration fees’ – Local Government Lawyer

Posted September 19th, 2017 in appeals, fees, landlord & tenant, local government, news, tribunals by tracey

‘Camden Council has successfully appealed to the Upper Tribunal against a leading estate agency, Foxtons, using the term “administration fees” in their lettings agency work.’

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Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk

Duchy of Cornwall residents fight ‘unfair’ freehold ban – The Guardian

‘Prince Charles’s £1bn Duchy of Cornwall estate is facing a rebellion by residents who claim they are subject to an unfair ban on buying the freeholds to their homes.’

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The Guardian, 11th September 2017

Source: www.theguardian.com

JLK Limited v Emmanuel Chiedu Ezekwe (and others) [2017] UKUT 277 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in appeals, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal upheld the First Tier Tribunal’s decision that units of accommodation designed for students were ‘dwellings’, but overturned the decision that such units were ‘separate dwellings’. As such, the FTT did not have jurisdiction to determine the amount of service charges payable by the units’ leaseholders under sections 18 to 30 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Corvan (Properties) Limited v Maha Ahmed Abdel-Mahmoud [2017] UKUT 228 (LC) – Tanfield Chambers

Posted August 22nd, 2017 in agreements, landlord & tenant, leases, news, service charges by sally

‘The FTT had correctly ruled that a management agreement was for a term of more than twelve months, and therefore a long-term qualifying agreement for the purposes of s.20 of the Landlord and Tenant Act 1985.’

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Tanfield Chambers, 31st July 2017

Source: www.tanfieldchambers.co.uk

Lettings agency to pay £20k-plus after prosecution over sham licences – Local Government Lawyer

Posted August 22nd, 2017 in compensation, costs, fines, fraud, landlord & tenant, licensing, local government, news by sally

‘A lettings agency has been ordered to pay more than £20,000 in fines, compensation and costs after issuing ‘sham licences’ to renters and using a letting agency association logo when it was not a member, in what is thought to be the first prosecution of its kind in England.’

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Local Government Lawyer, 21st August 2017

Source: www.localgovernmentlawyer.co.uk

Sufficient Notice – Nearly Legal

Posted August 21st, 2017 in civil procedure rules, landlord & tenant, news, notification by sally

‘Those who have been readers of this blog for a while may recall our campaign about evictions by High Court Sheriffs where the writs were (wrongly) obtained as an administrative act by using form N293A. This culminated in a practice note by Senior Master Fontaine, stressing that – for tenants, if not for trespassers or mortgage possessions – any application for a writ had to comply with CPR 83.13.’

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Nearly Legal, 20th August 2017

Source: nearlylegal.co.uk

Illegal subletting – an ‘elaborate farrago of lies’ – Nearly Legal

Posted August 15th, 2017 in appeals, benefits, housing, landlord & tenant, news, repossession, social security by sally

‘Ms Afsana Begum and Mr Mohammed Rohim were the joint assured tenants of Poplar Housing from October 2014. The property was a two bed flat. The rent was paid in full by housing benefit. In August 2015, Poplar received a tip off that the property was being sub let. On investigation, Ms B had financial links to another flat nearby, her mother’s.’

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Nearly Legal, 13th August 2017

Source: nearlylegal.co.uk

Subletting and defamation – a novel approach – Nearly Legal

Posted August 4th, 2017 in defamation, injunctions, landlord & tenant, news by sally

‘There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value.’

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Nearly Legal, 3rd August 2017

Source: nearlylegal.co.uk

Cant Pay – Nearly Legal

‘It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and “Immunity from Treason” notices, and debts of “Trillions of pounds”, and something called an ‘equity lawyer’. Yet here they all are, and more, in what on the face of it was a dispute over annual service charges of about £1200.’

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Nearly Legal, 23rd July 2017

Source: nearlylegal.co.uk

Landlord who delegated to husband loses appeal in enforcement notice case – Local Government Lawyer

Posted July 13th, 2017 in appeals, enforcement notices, landlord & tenant, local government, news by tracey

‘A landlord has failed in an appeal against a claim by the London Borough of Newham that she ignored enforcement notices related to her property, having argued that she had delegated all responsibility for the property concerned to her husband.’

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Local Government Lawyer, 12th July 2017

Source: localgovernmentlawyer.co.uk