Appeal court: landlord withholding planning consent was unreasonable – OUT-LAW.com

Posted April 19th, 2018 in appeals, consent, enfranchisement, landlord & tenant, news by sally

‘A commercial landlord acted unreasonably by withholding from a tenant its consent to apply for planning permission to change the use of the middle two storeys of a building from commercial to residential, the Court of Appeal has ruled.’

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OUT-LAW.com, 19th April 2018

Source: www.out-law.com

The costs of dangerous cladding – leaseholders position – Nearly Legal

Posted March 27th, 2018 in costs, health & safety, housing, landlord & tenant, news, repairs, service charges by tracey

‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’

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Nerarly Legal, 26th March 2018

Source: nearlylegal.co.uk

On a Housing Court and (not) making things simpler – Nearly Legal

Posted March 14th, 2018 in courts, housing, landlord & tenant, news by sally

‘A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not just the judiciary.’

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Nearly Legal, 12th March 2018

Source: nearlylegal.co.uk

One bad reason need not cancel out withholding of consent – OUT-LAW.com

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by tracey

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

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OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Homeowners battle freeholder over £20,000 ‘Grenfell bill’ – Daily Telegraph

Posted March 5th, 2018 in housing, landlord & tenant, London, news, repairs, service charges, tribunals by tracey

‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’

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Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Landlords warned over blanket ban on applications from people on benefits – Local Government Lawyer

‘Lettings agents and landlords have been warned that they may be breaking the law if they refuse on a blanket basis to consider potential tenants simply because they are on benefits.’

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Local Government Lawyer, 1st March 2018

Source: www.localgovernmentlawyer.co.uk

Housing complaints overhaul targets rogue landlords – Daily Telegraph

Posted February 19th, 2018 in complaints, consultations, housing, landlord & tenant, news by sally

‘Tenants left fighting with private landlords over shoddy accommodation will be consulted on a new complaints system, the Government has announced.’

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Daily Telegraph, 18th February 2018

Source: www.telegraph.co.uk

I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by tracey

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

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Nearly Legal, 11th February 2018

Source: nearlylegal.co.uk

Breaching licensing and proceeds of crime – Nearly Legal

Posted February 12th, 2018 in landlord & tenant, licensing, local government, news, proceeds of crime by tracey

‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’

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Nearly Legal, 11th Febraury 2018

Source: nearlylegal.co.uk

Fire Safety – Who Pays? – Nearly Legal

Posted February 5th, 2018 in costs, fire, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’

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Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk

Criminal landlords could lose all earnings after court ruling – The Guardian

Posted February 2nd, 2018 in landlord & tenant, local government, news, proceeds of crime by sally

‘Criminal landlords who rent out illegally dangerous homes will be forced to give up all their earnings, following a court ruling that could strengthen powers to tackle Britain’s worst housing.’

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The Guardian, 1st February 2018

Source: www.theguardian.com

Borough council secures £70,000 fine for HMO offences – Local Government Lawyer

Posted January 30th, 2018 in costs, fines, housing, landlord & tenant, local government, news by sally

‘Luton Borough Council has secured its largest ever fine – £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).’

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Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

Ryan v Villarosa [2017] UKUT 466 (LC) – Tanfield Chambers

Posted January 9th, 2018 in landlord & tenant, leases, news, repairs, tribunals by sally

‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers

Posted January 9th, 2018 in appeals, costs, landlord & tenant, news, service charges, tribunals by sally

‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

Posted January 4th, 2018 in housing, landlord & tenant, licensing, local government, news by sally

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

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Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

Iris Hyslop v 38/41 CHG Residents Co Limited [2017] UKUT 398 (LC) – Tanfield Chambers

Posted December 8th, 2017 in appeals, landlord & tenant, news, service charges, time limits, tribunals by sally

‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’

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Tanfield Chambers, 1st December 2017

Source: www.tanfieldchambers.co.uk

Incurred and incurred again – Nearly Legal

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

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Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Cos Services Limited v Nicholson & Willans [2017] UKUT 382 (LC) – Tanfield Chambers

Posted November 24th, 2017 in insurance, landlord & tenant, news by sally

‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’

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Tanfield Chambers, 1st November 2017

Source: www.tanfieldchambers.co.uk