Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by tracey

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Orders for forced entry after injunction – Nearly Legal

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk

Trends in disrepair and complex housing claims – Local Government Lawyer

Posted December 5th, 2024 in equality, housing, human rights, landlord & tenant, news, repairs by tracey

‘Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Landlord behind 15-room unlicensed HMO sentenced – Local Government Lawyer

‘Runnymede Borough Council has successfully prosecuted a landlord who converted a three-bedroom bungalow into a 15-room unlicensed house of multiple occupation (HMO).’

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Local Government Lawyer, 2nd December 2024

Source: www.localgovernmentlawyer.co.uk

Fees before the Tenant Fees Act, after the Tenant Fees Act. – Nearly Legal

Posted December 2nd, 2024 in fees, landlord & tenant, news, statutory interpretation by tracey

‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Lateness – excusable and otherwise – Nearly Legal

‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’

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Nearly Legal, 24th November 2024

Source: nearlylegal.co.uk

“It must have consequences” – Nearly Legal

Posted November 19th, 2024 in housing, landlord & tenant, news, Wales by tracey

‘There can be little doubt that the High Court decision in Coastal Housing Group v Mitchell and Ors will have wide repercussions in Wales.’

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Nearly Legal, 18th November 2024

Source: nearlylegal.co.uk

Consultation on right to renew business tenancies published – Law Commission

Posted November 19th, 2024 in consultations, landlord & tenant, Law Commission, leases, news by tracey

‘Today the Law Commission has published its first consultation paper considering how the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954 (and which is called “security of tenure”), is working and whether it meets the needs of business tenants and landlords. The Commission would like to hear from businesses, landlords, their representative bodies and advisors, and anyone else affected by the legislation.’

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Law Commission, 19th November 2024

Source: lawcom.gov.uk

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys. – Local Government Lawyer

Posted November 18th, 2024 in building law, fire, health & safety, landlord & tenant, news, repairs by tracey

‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’

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Local Government Lawyer, 14th November 2024

Source: www.localgovernmentlawyer.co.uk

The Building Safety Act: Update October 2024 – Falcon Chambers

Posted November 14th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’

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Falcon Chambers, 28th October 2024

Source: www.falcon-chambers.com

Certified for broader protection? “Landlord Deed of Certificate” Requirements and “qualifying leases” under Sch. 8 of the Building Safety Act 2022 – Falcon Chambers

Posted November 13th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news by sally

‘In Nuernberg v Adderstone (216 Res) Limited, MAN/00CJ/BSC/2024/0001 the FTT expanded the circumstances where a landlord is required to give a “Landlord Deed of Certificate” to a tenant pursuant to the Building Safety (Leaseholder Protections) (England) Regulations 2022 (“the Leaseholder Protections Regulations”). As stated in the succinct judgment of Judge J Holbrook, a “single – but important – question of statutory interpretation” appears to have been resolved (for now).’

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Falcon Chambers, 14th October 2024

Source: www.falcon-chambers.com

Housing case law: September & October 2024 – Local Government Lawyer

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession – Local Government Lawyer

Posted November 6th, 2024 in bills, housing, landlord & tenant, local government, news, rent by tracey

‘Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Leasehold notes – RTM notices and Rule 13 costs – Nearly Legal

Posted November 4th, 2024 in costs, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on some leasehold related cases. A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd (2024) UKSC 27. The Commonhold and Leasehold Reform Act 2002 stipulates that a Notice of Claim for Right to Manage must be served on “each person who is a landlord under a lease of the whole or any part of the premises”.’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

Rent determinations – Appeals – Nearly Legal

Posted November 4th, 2024 in health & safety, landlord & tenant, news, rent by tracey

‘A note on a couple of Upper Tribunal appeals of FTT determinations of rent – because there may be more of these applications and determinations when the Renters’ Rights Bill comes into force…
Kensington Avenue Ltd v Curlin (LANDLORD AND TENANT – RENT DETERMINATION – fair rent – s.70 Rent Act 1977 – sufficiency of reasons for FTT decision on open market rent and comparable properties) (2024) UKUT 341 (LC)’

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Nearly Legal, 3rd November 2024

Source: nearlylegal.co.uk

What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by tracey

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

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Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

Unsuitable temporary accommodation and discrimination – Nearly Legal

‘Begum, R (On the Application Of) v London Borough of Tower Hamlets (2024) EWHC 2279 (Admin) – Ms Begum had applied as homeless to Tower Hamlets in 2001. She was given temporary accommodation in a studio flat. 5 months later her first child was born. In June 2022, she complained about the suitability of the studio, which at that time was still s.188 accommodation. In October 2022, Tower Hamlets accepted the full duty. An internal memo recorded that Ms B had requested a transfer due to overcrowding. By March 2023, Ms B was pregnant with her second child, with a due date in September 2023. Between May and July 2023 there was correspondence between Ms B’s solicitors and Tower Hamlets on the suitability of the accommodation. The present claim was issued and interim relief ordered in August 2023. Three days later, Tower Hamlets made an offer of accommodation which Ms B accepted.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk