Ministers unveil ‘housing court’ proposals to speed up disputes between landlords and tenants – The Independent

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

‘Ministers have unveiled plans for a specialist “housing court” to speed up the settlement of property disputes between landlords and tenants.’

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The Independent, 14th November 2018

Source: www.independent.co.uk

Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by tracey

‘Or, the significance of tenancy agreement clauses.’

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Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Landlords threaten council with legal action over selective licensing plans- Local Government Lawyer

Posted November 5th, 2018 in judicial review, landlord & tenant, licensing, local government, news by sally

‘The Residential Landlords Association (RLA) has threatened Great Yarmouth Borough Council with a judicial review challenge over the local authority’s selective licensing plans.’

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Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Succession and discrimination – death or divorce – Nearly Legal

Posted October 29th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘This was a challenge, arising from a possession claim, to the ‘one succession’ rule on secure tenancies.’

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Nearly Legal, 28th October 2018

Source: nearlylegal.co.uk

A way to deal with delinquent lessors? – Nearly Legal

Posted October 26th, 2018 in covenants, landlord & tenant, leases, news by tracey

‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’

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Nearly Legal, 24th October 2018

Source: nearlylegal.co.uk

Property Guardians – licence not tenancy in office building – Nearly Legal

Posted October 26th, 2018 in landlord & tenant, leases, news, repossession by tracey

‘Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB). This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a first instance possession judgment that found his occupation was under a licence, not a tenancy.’

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Nearly Legal, 23rd October 2018

Source: nearlylegal.co.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by tracey

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Tenants will get access to rogue landlord database, says PM – The Guardian

Posted October 25th, 2018 in housing, landlord & tenant, local government, news by tracey

‘Theresa May has pledged to give tenants access to the government’s new rogue landlord database after a Guardian and ITV News investigation revealed that not a single name had been entered into the system in more than six months since its launch – and that even when landlords’ names were listed, the public would not be allowed to see them.’

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The Guardian, 24th October 2018

Source: www.theguardian.com

The rogue landlord’s loopholes: how the law fails renters – The Guardian

Posted October 24th, 2018 in enforcement, housing, landlord & tenant, licensing, local government, news by tracey

‘The legislation designed to catch rogue landlords is vast and very complex. Landlords can be prosecuted under various pieces of law, including the Housing Act (2004), the Protection from Eviction Act (1977), the Health and Safety at Work Act (1974) and Regulatory Reform (Fire Safety) Order (2005). All of that legislation creates a confusing landscape. It can be difficult to work out how it all fits together, and even within individual acts there are loopholes.’

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The Guardian, 23rd October 2018

Source: www.theguardian.com

Harassment – when new evidence isn’t – Nearly Legal

‘This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed.’

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Nearly Legal, 21st October 2018

Source: nearlylegal.co.uk

Late, later, too late – Nearly Legal

Posted October 11th, 2018 in deposits, housing, landlord & tenant, news by sally

‘Ms T was Ms N’s assured shorthold tenant, with a fixed term tenancy starting on 25 July 2013. The tenancy became a statutory periodic on 25 July 2014. An initial deposit of £1300 was taken, but it was not protected until 22 January 2014. When the statutory periodic tenancy began, Ms N did not renew the deposit protection (as then required by MyDeposits) and the deposit ceased to be protected some weeks after the statutory periodic tenancy began. It was not again protected until 23 February 2017. Prescribed information was, in each case, provided to Ms T at about the time of the protection.’

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Nearly Legal, 10th October 2018

Source: nearlylegal.co.uk

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Unfixed fixed terms – Nearly Legal

Posted October 2nd, 2018 in appeals, fixed-term contracts, housing, landlord & tenant, news by sally

‘This was Ms Bamber’s appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months notice of intention to terminate Ms B’s tenancy, under s.21(1B) Housing Act 1998.’

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Nearly Legal, 29th September 2018

Source: nearlylegal.co.uk

Property guardians and ‘non-domestic rates’ – Nearly legal

Posted September 21st, 2018 in landlord & tenant, news, rates, tribunals, valuation by tracey

‘This is an interesting decision of the Valuation Tribunal on the effect of the occupation by property guardians of a commercial building. Some (though not all) property guardian companies have made a sales feature of the alleged freedom from non-domestic (commercial) rates for a building occupied by guardians, on the basis that it is occupied for residential use. This Valuation Tribunal decision rather dents that position, as well as illustrating the complications that arise when you operate on the edges of landlord and tenant law.’

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Nearly legal, 20th September 2018

Source: nearlylegal.co.uk

A fairer deal for leaseholders of houses and flats – Law Commission

‘The Law Commission has proposed a series of radical reforms designed to provide a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home.’

Full press release

Law commission, 20th September 2018

Source: www.lawcom.gov.uk