Property: Residential evictions: where are we now? – Lamb Chambers

‘Oscar Davies gives an update on where we are currently with residential evictions, the general ban and its exceptions.’

Full Story

Lamb Chambers, November 2020

Source: www.lambchambers.co.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

Full Story

Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Social housing landlords in England face checks on tenants’ satisfaction – The Guardian

Posted November 17th, 2020 in complaints, health & safety, landlord & tenant, local government, news, standards by sally

‘Social landlords in England will be required to report on residents’ satisfaction in an effort to rebalance power between owners and tenants in the wake of the Grenfell Tower disaster, the housing secretary has announced.’

Full Story

The Guardian, 17th November 2020

Source: www.theguardian.com

Post-Grenfell social housing reforms in England to be unveiled – The Guardian

‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’

Full Story

The Guardian, 16th November 2020

Source: www.theguardian.com

Water Sellers – Nearly Legal

‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’

Full Story

Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Death and Notices – Nearly Legal

Posted November 12th, 2020 in landlord & tenant, news, notification, postal service, service, succession by tracey

‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’

Full Story

Nearly Legal, 8th November 2020

Source: nearlylegal.co.uk

I’m not demanding, I’m telling you – section 8 notices – Nearly Legal

Posted November 12th, 2020 in agency, landlord & tenant, news, notification, rent, repossession by tracey

‘Prempeh v Lakhany (2020) EWCA Civ 1422. We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a “demand for rent” for the purposes of section 47 Landlord and Tenant Act 1987.’

Full Story

Nearly Legal, 9th November 2020

Source: nearlylegal.co.uk

Beneficial Joint Tenants, Survivorship and Creditors of a Deceased Bankrupt – Section 421A of the Insolvency Act 1986 – 33 Bedford Row

Posted November 10th, 2020 in bankruptcy, bereavement, landlord & tenant, news by sally

‘Where Person A and Person B are beneficial joint tenants of land/property (leasehold/freehold), and Person A dies, the effect of the rule of survivorship is that, from the moment of death forward, Person B will be left as the sole beneficial interest holder. It does not matter whether Person A dies testate or intestate, nor what Person A’s Will might say. Person B will be left as the sole beneficial interest holder. To put this into a typical, real world scenario: this will often be the case where two spouses/partners own land/property and one of them dies.’

Full Story

33 Bedford Row, 24th October 2020

Source: www.33bedfordrow.co.uk

Court of Appeal considers service of notices on deceased tenants – Garden Court Chambers

Posted November 10th, 2020 in landlord & tenant, news, notification, postal service, service, succession by sally

‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’

Full Story

Garden Court Chambers, 22nd October 2020

Source: www.gardencourtchambers.co.uk

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

Full Story

The Guardian, 8th November 2020

Source: www.theguardian.com

The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers

‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’

Full Story

Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Court of Appeal upholds ruling that council overcharged tenants for water – Local Government Lawyer

Posted October 27th, 2020 in agreements, appeals, interpretation, landlord & tenant, local government, news, water by sally

‘The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.’

Full Story

Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal

Posted October 26th, 2020 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by sally

‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’

Full Story

Nearly Legal, 24th October 2020

Source: nearlylegal.co.uk

Possession Proceedings: Where are they now? – Tanfield Chambers

‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’

Full Story

Tanfield Chambers, 5th October 2020

Source: www.tanfieldchambers.co.uk

New Judgment: R (on the application of Z and Anor) (AP) v Hackney London Borough Council and Anor [2020] UKSC 40 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’

Full Story

UKSC Blog, 16th October 2020

Source: ukscblog.com

UK supreme court backs housing charity’s ‘Jewish only’ rule – The Guardian

‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’

Full Story

The Guardian, 16th October 2020

Source: www.theguardian.com

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association – Local Government Lawyer

Posted October 15th, 2020 in admissibility, appeals, evidence, housing, landlord & tenant, news, repossession, witnesses by tracey

‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’

Full Story

Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by tracey

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

Full Story

Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Grenfell victim’s family aims to force change to evacuation rules for disabled people – The Guardian

‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’

Full Story

The Guardian, 5th October 2020

Source: www.theguardian.com

Repairs, renewals and ‘like for like’ – Nearly Legal

Posted October 1st, 2020 in landlord & tenant, local government, news, repairs, service charges by sally

‘A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the service charge.. which takes us into the nature of a repair or renewal and how far it needs to be ‘like for like’ or whether it simply needs to be such as to make the property ‘reasonably fit for occupation’.’

Full Story

Nearly Legal, 30th September 2020

Source: nearlylegal.co.uk