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

Allocations: Local Lettings and Undisclosed Policies – Garden Court Chambers

‘The defendant, Islington Borough Council, maintained an allocation scheme which provided that certain categories of people were excluded from joining the housing register, including those who had lived in the borough for less than three out of the previous five years. However, the scheme allowed for exceptions to be made. In particular, in respect of homeless applicants to whom a long-term housing duty under Part 7 Housing Act 1996 had been accepted.’

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Garden Court Chambers, 5th July 2017

Source: www.gardencourtchambers.co.uk

‘Or’, ‘Or’ or ‘Or’: Construction of alternative notice provisions in a lease – Hardwicke Chambers

‘Earlier this year in the US, a legal case revolved around the use of an Oxford comma. Not to be outdone, last month the Court of Appeal in England & Wales had to determine the meaning of the word ‘or’; in doing so, they embarked upon a semantic analysis of one of the most common words in the English language, flavoured by the Supreme Court’s most recent case on construction of contracts.’

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Hardwicke Chambers, 15th June 2017

Source: www.hardwicke.co.uk

John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA) – Tanfield Chambers

‘On 29 June 2017 the Court of Appeal gave judgment on an interesting question of statutory construction concerning the valuation provisions in section 9 of the Leasehold Reform Act 1967 (“LRA67”) and the Interpretation Act 1978 (“the Interpretation Act”).’

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Tanfield Chambers, 29th June 2017

Source: www.tanfieldchambers.co.uk

The Reasonableness of Insurance Premiums – Tanfield Chambers

‘Leases generally require leaseholders to contribute to insurance of their block – whether by including the cost in the general service charges or by way of a separate charge known as an “insurance rent”.’

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Tanfield Chambers, 22nd June 2017

Source: www.tanfieldchambers.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Government says unlawful subletting at Grenfell Tower should not be prosecuted – Local Government Lawyer

Posted July 4th, 2017 in fire, illegality, landlord & tenant, news, prosecutions, victims by sally

‘The Government has issued guidance to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’

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Local Government Lawyer, 3rd July 2017

Source: www.localgovernmentlawyer.co.uk

Legal aid cuts ‘may have stopped Grenfell tenants pursuing safety concerns’ – The Guardian

‘Cuts to legal aid may have stopped tenants in Grenfell Tower from pursuing safety concerns that could have prevented the fire, the president of the Law Society, Robert Bourns, has suggested.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Grenfell Tower fire: tenants’ rights and the gaps in the law – Legal Voice

‘The Grenfell Action Group and residents raised repeated concerns about the apparent neglect of health and safety legislation. Whilst there are several potential causes of action, the reality for tenants is that they would have struggled to bring a claim for a number of reasons.’

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Legal Voice, 23rd June 2017

Source: www.legalvoice.org.uk

Landlords ordered to pay £3k in costs after unreasonable behaviour in appeal – Local Government Lawyer

Posted June 20th, 2017 in appeals, costs, landlord & tenant, local government, news, tribunals by sally

‘The London Borough of Islington has secured a £3,000-plus costs order in its favour after a judge found that landlords had “behaved unreasonably in bringing an appeal which they never intended to pursue properly and never did pursue properly”.’

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Local Government Lawyer, 19th June 2017

Source: www.localgovernmentlawyer.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk