Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog

Posted January 31st, 2023 in building law, health & safety, landlord & tenant, leases, news, service charges by tracey

‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’

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Practical Law: Construction Blog, 25th January 2023

Source: constructionblog.practicallaw.com

Defendant landlord ordered to pay £52k+ after squashing three flats into basement without planning permission – Local Government Lawyer

Posted January 31st, 2023 in costs, fines, landlord & tenant, news, planning by tracey

‘A landlord who put three flats into the basement of one of his properties in Camberwell has been ordered to pay more than £52,000 in illegal gains, fines and costs.’

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Local Government Lawyer, 30th January 2023

Source: www.localgovernmentlawyer.co.uk

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

‘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.’

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BBC News, 26th January 2023

Source: www.bbc.co.uk

Rogue landlord fined £12,000 for exploiting Bristol tenants – BBC News

Posted January 13th, 2023 in consumer protection, deposits, fines, housing, landlord & tenant, news by tracey

‘A rogue landlord who created fake identities and letting agents to keep deposit money in an “elaborate web of misinformation” has been fined.’

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BBC News, 13th January 2023

Source: www.bbc.co.uk

Tenants face homelessness as no-fault eviction threat up 76% – Local Government Lawyer

Posted November 29th, 2022 in homelessness, landlord & tenant, news, repossession by sally

‘There has been a 76% jump in the number of no-fault eviction notices issued by landlords, putting tenants at a higher risk of becoming homeless, government data has revealed.’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Awaab Ishak’s death shed light on a social housing scandal. Now we have a brief chance to fix it – The Guardian

‘A two-year-old died after exposure to mould in his house in Rochdale. We must ensure no other family suffers like this.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Awaab Ishak: The Right To An Adequate Standard Of Living Should Prevent Such Deaths – Each Other

‘Awaab Ishak, a two-year-old boy from Rochdale, Greater Manchester, died in 2020 from a severe respiratory condition caused by prolonged exposure to mould in his home, an inquest has heard. The right to an adequate standard of living – which includes decent housing conditions – ought to protect people in the UK from living in a home which causes them harm.’

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Each Other, 21st November 2022

Source: eachother.org.uk

Racial inequality hard-wired into housing system in England, study finds – The Guardian

‘One in three black people who have experienced homelessness have also faced racial discrimination from a landlord, six times more than the general population of those who had struggled for shelter, a study reveals.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

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Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

Research Briefing: The Supported Housing (Regulated Oversight) Bill 2022-23 – House of Commons Library

Posted November 17th, 2022 in benefits, bills, housing, landlord & tenant, local government, news, parliament by tracey

‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’

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House of Commons Library , 15th November 2022

Source: commonslibrary.parliament.uk

Waking watch costs and flawed reports – Nearly Legal

Posted November 14th, 2022 in fire, health & safety, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC). An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably incurred by the landlord and so not recoverable under the service charge.’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Service charges, burden of proof, and costs of proceedings – Nearly Legal

Posted November 14th, 2022 in burden of proof, costs, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property Act 1925) (2022) UKUT 285 (LC).’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Housing case law update – October 2022 – Local Government Lawyer

Posted November 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘Natalie Hurst and Paul Lloyd analyse recent housing law judgments of interest to local authorities and housing associations.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Landlord was warned of mould that killed toddler in Rochdale flat – The Guardian

‘A health visitor wrote to housing officials expressing concern about conditions in a rented flat months before a two-year-old died after his exposure to mould.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

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.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted October 25th, 2022 in bills, consultations, housing, landlord & tenant, news, repossession by sally

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers developments to date.’

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House of Commons Library, 24th October 2022

Source: commonslibrary.parliament.uk

No cause of action at common law for wrongful eviction – Nearly Legal

Posted October 17th, 2022 in company law, housing, insolvency, landlord & tenant, liquidators, news, repossession by sally

“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”

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Nearly Legal, 16th October 2022

Source: nearlylegal.co.uk