Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com

Posted April 29th, 2021 in debts, landlord & tenant, leases, news, rent by sally

‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’

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OUTLAW.com, 28th April 2021

Source: www.pinsentmasons.com

Supreme Court agrees to hear battle over termination of fixed term secure flexible tenancies – Local Government Lawyer

‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’

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Local Government Lawyer, 28th April 2021

Source: www.localgovernmentlawyer.co.uk

Relief from forfeiture – Don’t dilly dally on the way – Nearly Legal

Posted April 19th, 2021 in appeals, delay, equity, forfeiture, landlord & tenant, news, time limits by tracey

‘Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492. This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was whether a relief from forfeiture application made just within 6 months of the date of forfeiture was brought with ‘reasonable promptitude’ for the purposes of the equitable relief from from forfeiture.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

No loss, no gain, no mesne profit? – New Square Chambers

Posted April 15th, 2021 in estoppel, landlord & tenant, leases, mesne profits, news by sally

‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’

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New Square Chambers, 1st April 2021

Source: www.newsquarechambers.co.uk

About 700,000 renters served with ‘no-fault’ eviction notices since start of pandemic – The Guardian

Posted April 15th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by sally

‘About 700,000 renters are estimated to have been served with “no-fault” eviction notices since the start of the pandemic, despite a government promise to scrap the practice.’

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The Guardian, 15th April 2021

Source: www.theguardian.com

Rent Repayment Orders and Multiple Offences – 3PB

Posted April 14th, 2021 in chambers articles, housing, landlord & tenant, news by sally

‘The term ‘rogue landlords’ has been around for many years.’

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3PB, 18th March 2021

Source: www.3pb.co.uk

Only 39 rogue landlords and agents hit with banning orders – The Guardian

Posted April 6th, 2021 in housing, landlord & tenant, news, penalties by sally

‘Only 39 landlords and agents have received government banning orders since new powers came into force three years ago to remove England’s worst rental property owners.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Domestic abuse: Women ‘could die in unregulated refuges’ – BBC News

Posted March 26th, 2021 in bills, domestic violence, housing, landlord & tenant, local government, news, women by tracey

‘Domestic abuse support groups have warned that women will be unsafe if unregulated refuges are allowed to continue offering accommodation. One organisation said “women could die” if the practice does not stop. They fear the government’s Domestic Abuse Bill could see private landlords offering rooms for vulnerable women fleeing violence.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

Arrears, conduct and Tribunal discretion on RRO awards – Nearly Legal

Posted March 22nd, 2021 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by tracey

‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’

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Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer

‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’

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Local Government Lawyer, 10th March 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

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Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Leasehold miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by tracey

‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’

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Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

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The Guardian, 28th February 2021

Source: www.theguardian.com

Landlord loses appeal over rent repayment order for HMO occupied by tenants housed at direction of council – Local Government Lawyer

‘Sefton Metropolitan Borough Council has secured more than £13,000 in a rent repayment order after the failure of an appeal against it.’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

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Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Housing association obtains £81,000 judgment against ex-tenant for unlawful subletting – Local Government Lawyer

Posted February 11th, 2021 in housing, landlord & tenant, news, repossession by sally

‘The tenancy enforcement team at social landlord Hyde has secured an £81,000 money judgment against a former tenant for unlawful subletting.’

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Local Government Lawyer, 10th February 2021

Source: www.localgovernmentlawyer.co.uk

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’

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Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk