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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Nearly Legal, 20th May 2018

Source: nearlylegal.co.uk

Court of Appeal on illegal eviction – quantum and heads of claim – Nearly Legal

Posted May 22nd, 2018 in appeals, housing, illegality, landlord & tenant, news, repossession by sally

‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’

Full Story

Nearly Legal, 18th May 2018

Source: nearlylegal.co.uk

Council defeats Court of Appeal challenge to eviction process – Local Government Lawyer

Posted May 1st, 2018 in appeals, landlord & tenant, local government, news, repossession by tracey

‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

Nearly Legal, 4th February 2018

Source: nearlylegal.co.uk