Leasehold Enfranchisement Claims – Why it is difficult to reach an amicable solution – Tanfield Chambers

Posted March 20th, 2019 in enfranchisement, landlord & tenant, leases, news by sally

‘ALEP member Nicola Muir is a senior member of the Tanfield Chambers’ property team. She is a specialist in enfranchisement law and all aspects of landlord and tenant law. In this article she examines the complexity of legislation surrounding landlord and tenant disputes.’

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Tanfield Chambers, 14th March 2019

Source: www.tanfieldchambers.co.uk

Tenants in England not being protected from revenge evictions, study finds – The Guardian

Posted March 18th, 2019 in complaints, landlord & tenant, local government, news, statistics by tracey

‘Just one in 20 private tenants who complain to their council about poor living conditions gets protection from a revenge eviction by their landlord, according to figures released today.’

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The Guardian, 18th March 2019

Source: www.theguardian.com

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

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Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

EU body granted permission to appeal ruling on Brexit and frustration of Canary Wharf lease – Local Government Lawyer

Posted March 13th, 2019 in appeals, brexit, EC law, landlord & tenant, leases, news by sally

‘A High Court judge has granted the European Medicines Agency (EMA) permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects legal duty for council tax purposes to disclose fact of residence – Local Government Lawyer

‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

On sewer covers, gardens and responsibilities – Nearly Legal

Posted March 6th, 2019 in defective premises, landlord & tenant, news by sally

‘A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect.’

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Nearly Legal, 4th March 2019

Source: nearlylegal.co.uk

‘Right to Rent’ checks breach human rights – High Court – BBC News

‘Rules aimed at preventing illegal immigrants from renting properties are “discriminatory” and breach human rights laws, the High Court has ruled.’

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BBC News, 1st March 2019

Source: www.bbc.co.uk

Defective Premises – Panopticon

Posted February 28th, 2019 in defective premises, landlord & tenant, local government, news, personal injuries by tracey

‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’

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Panopticon, 27th February 2019

Source: local-government-law.11kbw.com

No release from gas – Nearly Legal

Posted February 22nd, 2019 in health & safety, landlord & tenant, news by tracey

‘Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019. The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations.’

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Nearly Legal, 19th February 2019

Source: nearlylegal.co.uk

Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

U Can’t Do This* – Nearly Legal

Posted February 18th, 2019 in deposits, landlord & tenant, news, repossession by sally

‘This was a directions hearing in a possession claim, supposedly brought by Ojo & Opaleye. The tenant, Ms M, was defending on the basis of failure to comply with deposit protection regulations.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

How many reviews? – Nearly Legal

Posted February 15th, 2019 in electricity, homelessness, housing, landlord & tenant, local government, news by sally

‘In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews (especially following the 2017 Act). He also came to the wrong result imho – I wonder if there is an appeal, even if it becomes academic (which it might). Ms B was offered accommodation and sought a review. It was one of those ones where affordability is raised, but, given that one doesn’t know what the bills are going to be for the property at the outset, the reviewer and applicant make approximations. The review went against her, albeit on marginal grounds (and there are various consequential proceedings from that first review and appeal). For the purposes of this application for JR, however, what happened was that Ms B’s actual electricity bill arrived and it was more per week than had originally been estimated. She sought a further review, to which Redbridge did not respond, and which, ultimately, led to these proceedings as Redbridge did not conduct that further review.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

New Acts – legislation.gov.uk

2019 c. 1 – Finance Act 2019

2019 c. 2 – Voyeurism (Offences) Act 2019

2019 c. 3 – Counter-Terrorism and Border Security Act 20192019

c. 4 – Tenant Fees Act 2019

2019 c. 5 – Crime (Overseas Production Orders) Act 2019

Source: www.legislation.gov.uk

How much should a residential lease extension cost? – Tanfield Chambers

Posted February 8th, 2019 in landlord & tenant, leases, news by sally

‘The need for the reform of landlord and tenant law is now a hot topic. The practice of selling houses on leases or imposing escalating ground rents has fuelled outrage from all quarters and put the spotlight on other areas of residential leasehold law which are long overdue for reform. While the lobbyists are unlikely to achieve their ultimate goal of the abolition of leasehold altogether, it is looking increasingly likely that the law on leasehold enfranchisement will be significantly overhauled.’

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Tanfield Chambers, 30th January 2019

Source: www.tanfieldchambers.co.uk

Costs shake-up proposed for landlord-leaseholder disputes – Law Society’s Gazette

Posted January 29th, 2019 in costs, enfranchisement, landlord & tenant, leases, news by sally

‘Landlords would not be able to recover their legal costs from leaseholders unsuccessfully making ‘right-to-manage’ claims under proposals published by the Law Commission today. The aim is to simplify the process under which leaseholders take over day-to-day responsibility for properties – and to discourage landlords from retaining ‘expensive’ lawyers to fight such claims.’

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Law Society's Gazette, 28th January 2019

Source: www.lawgazette.co.uk

Practically complete or completely impractical? Navigating the pitfalls of what constitutes practical completion – Practical Law: Construction Blog

‘Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. It’s not surprising that these situations are contentious: contractors are keen that practical completion is certified so as to avoid or limit their liability for liquidated damages, trigger the return of retention monies and, often, to bring about an assessment of sums they consider due under the final account. Employers may be understandably reluctant to take possession of a property which they consider defective and by resisting practical completion an employer can put pressure on a contractor by withholding sums that would otherwise become due. Practical completion is therefore an important concept in construction contracts, although one that is often not precisely defined, which can cause uncertainty and hinder the operation of the contract.’

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Practical Law: Construction Blog, 23rd January 2019

Source: constructionblog.practicallaw.com

Court challenge to hostile environment tenancy scheme begins – The Guardian

Posted December 18th, 2018 in immigration, judicial review, landlord & tenant, news, race discrimination by sally

‘An attempt to overturn a key pillar of the government’s hostile environment policy that forces landlords to evict or turn away tenants they believe may be in the country illegally is due to begin in the high court.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

Commercial lease renewal: the death of contrived developments – Hardwicke Chambers

Posted December 14th, 2018 in landlord & tenant, leases, news, Supreme Court by sally

‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’

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Hardwicke Chambers, 7th December 2018

Source: hardwicke.co.uk