Possession proceedings and COVID-19 – Henderson Chambers

‘With the government ordering people to stay at home during the COVID-19 global pandemic, questions necessarily arise for those whose “home” is a rented property. What does this mean for landlords and tenants alike? Broadly, whilst the Government made loud promises about banning evictions, the Coronavirus Act 2020 makes more ‘watered down’ provision, giving greater comfort to landlords but potentially leaving tenants mired in uncertainty.’

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Henderson Chambers, 27th March 2020

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High Court judge quashes refusal by council of disabled facilities grant – Local Government Lawyer

‘Councils cannot treat disabled facilities grant (DFG) applications from council tenants differently to those from others, the High Court has ruled.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Social landlord loses appeal over whether it granted inter-generational tenancy – Local Government Lawyer

Posted April 3rd, 2020 in appeals, housing, landlord & tenant, news by sally

‘A housing association has lost an appeal over whether it granted an inter-generational tenancy to a resident.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Unimprovable: compensation under section 1 of the Landlord and Tenant Act 1927 – Hardwicke Chambers

Posted April 1st, 2020 in chambers articles, compensation, consent, housing, landlord & tenant, news by sally

‘Some statutory provisions are not as well understood as they should be. Property practitioners are likely to be familiar with section 19 of the Landlord and Tenant Act 1927 (LTA 1927), which implies into qualified covenants against the making of improvements to leasehold premises an obligation on the landlord not to withhold consent to such alterations unreasonably. This provision is not without authorities considering what amounts to unreasonably withholding consent, although admittedly fewer than the extensive canon of case law considering the related issue of consent to assigning or subletting under the Landlord and Tenant Act 1988. By contrast, there has been very little judicial consideration of the circumstances in which a tenant is entitled to compensation from its landlord for improvements carried out at the tenant’s expense.’

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Hardwicke Chambers, 31st March 2020

Source: hardwicke.co.uk

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in Upper Tribunal appeal over requirement to attend training on tenancy management – Local Government Lawyer

Posted March 26th, 2020 in appeals, landlord & tenant, licensing, news, tribunals by sally

‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Government to protect commercial tenants from eviction if they miss rent payments over coronavirus outbreak –

‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’

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Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk

UK eviction ban promise broken, say critics – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘The “complete ban” on evictions promised by the government has been widely criticised after it emerged that the coronavirus bill merely extends the notice required for possession, from two months to three.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Emergency legislation on possession claims – Nearly Legal

‘I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not happened as of 6 pm. There may have been some changes, but my understanding is it was going ahead as per the draft.’

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Nearly Legal, 23rd March 2020

Source: nearlylegal.co.uk

Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer

Posted March 20th, 2020 in appeals, deceit, housing, landlord & tenant, local government, news by sally

‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Amendments to CPR Part 55: what you need to know – Tanfield Chambers

Posted March 19th, 2020 in civil procedure rules, landlord & tenant, news, repossession by sally

‘CPR 55.11 and 55.12 are being amended to remove Demoted Tenancies and oral tenancy agreement cases from falling within the scope of Accelerated Possession Proceedings. The standard form N5B is being amended accordingly and coincides with the Tenant Fees Act 2019.’

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Tanfield Chambers, 25th March 2020

Source: www.tanfieldchambers.co.uk

Housing associations under pressure to offer Covid-19 rent holidays – The Guardian

Posted March 18th, 2020 in coronavirus, health, housing, landlord & tenant, news, rent, repossession by sally

‘Housing associations are under pressure to offer rent holidays after only one pledged not to evict any tenant in arrears due to self-isolating because of the coronavirus.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

York House (Chelsea) Ltd v Edward Thompson (1) and Domitila Thompson (2) [2019] EWHC 2203 (Ch) – Tanfield Chambers

Posted March 17th, 2020 in gifts, landlord & tenant, leases, married persons, news by sally

‘A husband and wife who are the joint freeholders of a block of flats, granted a number of leases of various parts of that block to one or other of themselves. These were found to be disposals which were exempt from the provisions of part 1 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), either because these were gifts to family under s.4(2)(e) or disposals within a family under s.4(2)(h).’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Valid or not valid? – Local Government Lawyer

‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

‘Worse than LASPO’: housing disputes proposal divides profession – Law Society’s Gazette

Posted March 11th, 2020 in housing, landlord & tenant, legal services, news by tracey

‘A radical proposal by an influential human rights thinktank to resolve housing disputes – a sector blighted by “advice deserts” – has divided housing lawyers.’

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Law Society's Gazette, 10th March 2020

Source: www.lawgazette.co.uk

Is a Section 8 notice on rent arrears a demand for rent? – Nearly Legal

‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’

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Nearly Legal, 8th March 2020

Source: nearlylegal.co.uk

Oh! What a tangled web we weave… – Nearly Legal

Posted March 4th, 2020 in company directors, damages, fines, housing, landlord & tenant, licensing, news by sally

‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’

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Nearly Legal, 3rd March 2020

Source: nearlylegal.co.uk