When a long lease is a shorthold – Nearly Legal

Posted September 18th, 2018 in landlord & tenant, leases, news, rent by sally

‘While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked.’

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Nearly Legal, 16th September 2018

Source: nearlylegal.co.uk

Mobile home security – Nearly Legal

Posted September 14th, 2018 in housing, landlord & tenant, licensing, news, planning by tracey

‘In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home. Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes Act 1983, s 1. A protected site is defined in the Caravan Sites Act 1968 as being “land in England in respect of which a site licence is required [ie a caravan site] … not being land in respect of which the relevant planning permission or site licence — (a) is expressed to be granted for holiday use only …”.

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Nearly Legal, 13th September 2018

Source: nearlylegal.co.uk

Landlords told to remove Grenfell-style cladding or face action – The Guardian

Posted September 10th, 2018 in fire, health & safety, landlord & tenant, news by tracey

‘Landlords must remove dangerous, Grenfell Tower-style cladding from their buildings or face enforcement action, the government has warned. The communities secretary, James Brokenshire, has written to about 60 building owners and developers, including some of the UK’s biggest property firms, explaining the actions they must take to avoid penalties.’

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The Guardian, 14th September 2018

Source: www.theguardian.com

Eviction companies, conducting litigation, and defective notices – Nearly Legal

Posted August 28th, 2018 in civil procedure rules, housing, landlord & tenant, news, notification by sally

‘Ms Kassam was the assured shorthold tenant of the Gills. It appears that rent arrears accrued. After serving a section 21 notice which turned out to be defective, the Gills sought the services of a set up called “Remove a Tenant” (RaT), a trading name of Fentham Group Limited. RaT served a section 8 notice seeking possession on grounds 8, 10 and 11, as ‘agents’ for the Gills.’

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Nearly Legal, 26th August 2018

Source: nearlylegal.co.uk

Lettings Agents are Discriminating Against Housing Benefit Tenants, says Shelter – Rights Info

Posted August 23rd, 2018 in benefits, equality, housing, landlord & tenant, news, reports, social security by sally

‘An investigation by Shelter has found many letting agents are refusing to rent to tenants who receive housing benefits.’

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Rights Info, 22nd August 2018

Source: rightsinfo.org

When service charges become indisputable – Nearly Legal

Posted August 22nd, 2018 in default judgments, landlord & tenant, news, service charges, striking out by sally

‘Tenants/Leaseholders can seek a determination of the payability and reasonableness of service charges under s.27A Landlord and Tenant Act 1985. It has been something of a question about how far back a challenge can extend in terms of service charge years. While this Upper Tribunal decision is not a complete answer, it does address some of the ways in a which a service charge can become unchallengeable.’

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Nearly Legal, 19th August 2018

Source: nearlylegal.co.uk

No-fault evictions making hundreds of families homeless each week – The Guardian

Posted August 21st, 2018 in homelessness, landlord & tenant, news, rent, repossession by sally

‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’

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The Guardian, 18th August 2018

Source: www.theguardian.com

Social housing tenants to gain powers against rogue landlords – The Guardian

Posted August 14th, 2018 in housing, landlord & tenant, news, parliamentary papers by sally

‘Social housing residents will be empowered to take on rogue landlords under the government’s new strategy, but campaigners have criticised the document which offers no new funding.’

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The Guardian, 14th August 2018

Source: www.theguardian.com

Section 21- Notices and the Possession Procedure – Hardwicke Chambers

Posted August 9th, 2018 in landlord & tenant, news, notification, reasons, repossession by sally

‘What is a section 21 (“s21”) notice?

It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’

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Hardwicke Chambers, 16th July 2018

Source: www.hardwicke.co.uk

Landlord granted injunction against tenant using Airbnb, upheld on appeal: Bermondsey Exchange Freeholders Limited v Ninos Koumetto (Trustee in Bankruptcy of Kevin Geoghehan Conway) [2018], County Court at Central London – Henderson Chambers

Posted August 9th, 2018 in injunctions, landlord & tenant, leases, news by sally

‘The rise of websites such as Airbnb has seen an increase in short term holiday style letting of traditionally long-term residential properties. In 2015 London’s housing legislation was amended specifically in response to the rise of Airbnb and other websites: a homeowner is able to let out their house, flat or spare rooms for up to three months a year. In London, unlike other cities such as Berlin or Barcelona, there are no city-wide regulations (or restrictions) regarding the use of Airbnb. This case emphasises that it falls to construction of the terms of the lease between the freeholder and leaseholder to ascertain whether a leaseholder’s use of Airbnb is permitted.’

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Henderson Chambers, 27th July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

Posted August 9th, 2018 in fees, housing, landlord & tenant, licensing, news by sally

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

“No DSS”: Can landlords and letting agents lawfully bar benefits tenants? – Employment and Discrimination Blog

Posted August 7th, 2018 in benefits, housing, landlord & tenant, news by sally

‘Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants).’

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Employment and Discrimination Blog, 25th July 2018

Source: employmentblog.practicallaw.com

Law reform needed to help leaseholders take control of their buildings – Law Commission

Posted July 5th, 2018 in landlord & tenant, Law Commission, leases, press releases by tracey

‘Housing Secretary James Brokenshire has asked the Law Commission to look at improving the laws which allow leaseholders to manage their own buildings.The legislation on Right to Manage is meant to put power in leaseholders’ hands and stop abuse, by allowing some leasehold property owners to take over the management of a building. But issues with the law have stopped its usage becoming widespread. And those who have taken up the option have found delays, costs and uncertainty.’

Full press release

Law Commission, 4th July 2018

Source: www.lawcom.gov.uk

Prosecution by city council sees landlord ordered to pay £400k for safety failures – Local Government Lawyer

Posted June 29th, 2018 in fines, health & safety, landlord & tenant, news by tracey

‘A prosecution brought by City of Lincoln Council has seen a landlord in Lincoln fined £400,000 for failing to comply with fire, health and safety standards in two of his properties.’

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Local Government Lawyer, 28th June 2018

Source: www.localgovernmentlawyer.co.uk

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Government faces high court challenge over ‘right to rent’ scheme – The Guardian

‘The government faces a possible challenge to its “hostile environment” policy after a campaign group won the right to launch a high court case against the Home Office’s scheme obliging landlords to check the immigration of would-be tenants.’

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The Guardian, 6th June 2018

Source: www.theguardian.com

Legal challenge says ‘right to rent’ rules discriminate against non-UK nationals – The Guardian

Posted June 4th, 2018 in immigration, landlord & tenant, news, race discrimination by sally

‘Plans to force landlords across Britain to check the immigration status of potential tenants will be challenged in court this week after claims that they are causing serious discrimination.’

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The Guardian, 3rd June 2018

Source: www.theguardian.com

Forthcoming law (and informed consent) – Nearly Legal

Posted May 29th, 2018 in bills, estate agents, fees, housing, landlord & tenant, news by sally

‘The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new range of civil penalties, possible offences and restrictions on service of a section 21 forthcoming.’

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Nearly Legal, 28th May 2018

Source: nearlylegal.co.uk

Heavy handed, inaccurate threats of legal action – Metropolitan HT harass their tenants – Nearly Legal

‘The Court of Appeal on an instance of tenancy management going bad, very bad indeed. And the landlord losing a claim against them for damages for harassment under Protection from Harassment Act 1997.’

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Nearly Legal, 20th May 2018

Source: nearlylegal.co.uk