‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’
Garden Court Chambers, 10th April 2024
Source: www.gardencourtchambers.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’
OUT-LAW.com, 15th April 2024
Source: www.pinsentmasons.com
‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’
Nearly Legal, 14th April 2024
Source: nearlylegal.co.uk
‘A recent court decision in England provides valuable lessons to landlords seeking to oppose the grant of a new lease highlighting the importance of proper preparation and planning in terms of lease renewal and property works, experts have said.’
OUT-LAW.com, 12th April 2024
Source: www.pinsentmasons.com
‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’
Nearly Legal, 1st April 2024
Source: nearlylegal.co.uk
‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’
Nearly Legal, 24th March 2024
Source: nearlylegal.co.uk
‘Some quick notes on various recent (ish) Upper Tribunal decisions.’
Nearly Legal, 10th March 2024
Source: nearlylegal.co.uk
‘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.’
OUT-LAW.com, 8th March 2024
Source: www.pinsentmasons.com
‘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.’
Local Government Lawyer, 6th March 2024
Source: www.localgovernmentlawyer.co.uk
‘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…’
Nearly Legal, 3rd March 2024
Source: nearlylegal.co.uk
‘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).’
Local Government Lawyer, 29th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Ministers are consulting backbench Tory MPs on watering down planned protections for renters in England.’
BBC News, 28 February 2024
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 16th February 2024
Source: www.localgovernmentlawyer.co.uk
‘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.”’
Nearly Legal, 18th February 2024
Source: nearlylegal.co.uk
‘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.’
The Guardian, 8th February 2024
Source: www.theguardian.com
‘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.’
The Independent, 6th February 2024
Source: www.independent.co.uk
‘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.’
Nearly Legal, 21st January 2024
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 16th January 2024
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024