Jacobs -v- Chalcot Crescent (Management) Company Limited [2024] EWHC 259 (Ch) – Gatehouse Chambers

Posted March 14th, 2024 in amendments, consent, covenants, delay, landlord & tenant, leases, news by sally

‘At a hearing in January 2024, Mr Justice Fancourt allowed an appeal from the decision of HHJ Hellman in which the Judge had determined that the Defendant landlord had reasonably withheld its consent to alterations.’

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Gatehouse Chambers, 27th February 2024

Source: gatehouselaw.co.uk

Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal

Posted March 11th, 2024 in consultations, housing, landlord & tenant, leases, news, repairs, service charges by tracey

‘Some quick notes on various recent (ish) Upper Tribunal decisions.’

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Nearly Legal, 10th March 2024

Source: nearlylegal.co.uk

New legislation simplifies UK Construction Industry Scheme scope – OUT-LAW.com

Posted March 11th, 2024 in building law, construction industry, landlord & tenant, news, taxation by tracey

‘New rules outlined today are designed to simplify a UK tax regime that applies when tenants carry out certain construction works and where payment is made by landlords.’

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OUT-LAW.com, 8th March 2024

Source: www.pinsentmasons.com

Councils call for “realistic and achievable timetable” and allocation of new burdens funding for implementation of Awaab’s Law – Local Government Lawyer

‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

Landlords behaving badly corner – racial discrimination and harassment – Nearly Legal

‘Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024). Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A depot of £1,100 was paid. The tenancy became a statutory periodic on 1 June 2018. A further fixed term tenancy began on 1 August 2018, then another statutory periodic on 1 August 2019. A notice seeking possession on grounds 8, 10 and 11 was served in November 2021, and a possession claim was issued in March 2022. Oddly, this was in the name of Mr Hickmet, who was the sole director of Cheerz Express Ltd, with Cheerz being added to the claim at a later stage. Mr Hickmet maintained up to trial that he had a “tenancy by estoppel”. This might be considered an early indicator that things weren’t going to go well for the landlord…’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

The Levelling-up and Regeneration Act 2023 – Local Government Lawyer

‘Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).’

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Local Government Lawyer, 29th March 2024

Source: www.localgovernmentlawyer.co.uk

No-fault evictions: Ministers discuss watering down renter reforms – BBC News

Posted February 28th, 2024 in bills, government departments, housing, landlord & tenant, news, repossession by sally

‘Ministers are consulting backbench Tory MPs on watering down planned protections for renters in England.’

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BBC News, 28 February 2024

Source: www.bbc.co.uk

Remediation Orders: What you need to know – Local Government Lawyer

Posted February 19th, 2024 in building law, housing, landlord & tenant, local government, news, repairs by tracey

‘Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

ASB and disqualification from the housing register – Nearly Legal

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

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Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

Tenant sues landlord claiming UK flat was sublet as he was stranded abroad – The Guardian

Posted February 8th, 2024 in coronavirus, fraud, housing, landlord & tenant, news by tracey

‘A social housing tenant is suing his landlord for £1m in damages, alleging that a housing officer illegally sublet his home when he was stranded abroad at the start of the Covid pandemic in 2020.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Vulnerable family forced to eat Christmas dinner on floor after landlord fails to fix flat – The Independent

Posted February 6th, 2024 in compensation, housing, landlord & tenant, news, ombudsmen, repairs by tracey

‘A mother and her two young children were forced to eat their Christmas dinner on the floor after water flooded their flat and they were moved into temporary accommodation. The housing ombudsman has ordered their landlord, Yorkshire Housing, to pay nearly £4000 to the family after it found they were guilty of severe maladministration over the handling of the leak, damp and mould.’

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The Independent, 6th February 2024

Source: www.independent.co.uk

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

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Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

Housing Ombudsman criticises council over four cases of severe maladministration, covering “wide range of responsibilities” – Local Government Lawyer

‘The Housing Ombudsman has criticised Croydon Council after finding severe maladministration in four cases that covered several aspects of the landlord’s responsibilities, including anti-social behaviour, adaptations and mutual exchange.’

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Local Government Lawyer, 16th January 2024

Source: www.localgovernmentlawyer.co.uk

Asylum accommodation to be excluded from social housing landlords crackdown – The Guardian

‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’

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The Guardian, 15th January 2024

Source: www.theguardian.com

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Awaab Ishak: Plan to force landlords to tackle mouldy homes – BBC News

Posted January 9th, 2024 in children, health, landlord & tenant, news, repairs by tracey

‘Rogue social housing landlords could be forced to repair mouldy homes within 24 hours as part of government proposals after a toddler’s death.’

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BBC News, 9th January 2024

Source: www.bbc.co.uk

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk

Failed succession, residential care and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246. We first saw this very sad case on first instance in the High Court. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since 1965. Ms Mailley had lived at the property since she was 11 years old and was now 68.’

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Nearly Legal, 30th December 2023

Source: nearlylegal.co.uk