High Court criticises Magistrates Court for failure to state a case in closure order dispute – Local Government Lawyer

‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

RROs – late payments, rent arrears and deposits considered by the Upper Tribunal – Nearly Legal

Posted July 20th, 2021 in deposits, landlord & tenant, news, rent, repayment by sally

‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’

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Nearly Legal, 18th July 2021

Source: nearlylegal.co.uk

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Committed to committal – Nearly Legal

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

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Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Grenfell Tower fire: Borough called on to admit liability – BBC News

‘Dozens of Grenfell Tower fire survivors have called on a London borough to admit its “liability” for the blaze.’

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BBC News, 7th July 2021

Source: www.bbc.co.uk

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

The Building Safety Bill – Nearly Legal

‘This is, so we have been repeatedly told, the vehicle through which the government will save leaseholders from having to pay life-changing sums to remediate the fire safety defects which are so prevalent at blocks of flats across the country. The headline is that it does not do that (nor does it contain the details of the much delayed loan scheme). To the contrary, this Bill creates a bespoke process by which landlords of “higher-risk” buildings can recover their building safety costs even if their leases do not let them do so.’

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Nearly Legal, 5th July 2021

Source: nearlylegal.co.uk

Housing Ombudsman reaches 350 decisions on complaints against landlords in first three months – Local Government Lawyer

Posted June 30th, 2021 in complaints, housing, landlord & tenant, local government, news, ombudsmen by sally

‘The Housing Ombudsman has published details of more than 350 individual decisions to its online casebook on complaints made against landlords since the database’s conception in March this year.’

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Local Government Lawyer, 30th June 2021

Source: www.localgovernmentlawyer.co.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by tracey

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

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Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

A reasonable excuse defence to an RRO – ‘they told me they’d tell me’ – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, licensing, local government, news, rent by tracey

‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’

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Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

Leasehold high-rise flats: who pays for fire safety work? – House of Commons Library

Posted June 21st, 2021 in building law, fire, health & safety, housing, landlord & tenant, news by tracey

‘This briefing paper considers the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire.’

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House of Commons Library, 20th June 2021

Source: commonslibrary.parliament.uk

Binding arbitration to settle Covid commercial rent disputes – Litigation Futures

‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

No defence, no reasonableness – service charges and referral to the Tribunal. – Nearly Legal

Posted June 11th, 2021 in appeals, housing, landlord & tenant, news, service charges, striking out, tribunals by tracey

‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’

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Nearly Legal, 6th June 2021

Source: nearlylegal.co.uk

Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal

Posted June 11th, 2021 in housing, landlord & tenant, local government, news, rent by tracey

‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’

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Nearly Legal, 9th June 2021

Source: nearlylegal.co.uk

Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com

‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’

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OUT-LAW.com, 3rd June 2021

Source: www.pinsentmasons.com

Banning Order? Simples – Nearly Legal

“LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes. A banning order! One of – if we are being honest – far too few to date (even taking into account the time lag for relevant offences, prosecutions and applications). But one that can be heartily celebrated as thoroughly deserved, featuring as it does Simple Properties Management Ltd and its sole director, Miguel Cabeo Cespedes. We have come across SPM a few times in the past, as will become apparent, and sometimes it is a pleasure to see such acquaintances get their just deserts.”

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Nearly Legal, 26th May 2021

Source: nearlylegal.co.uk

The Cram Slam – Part 26A Restructuring Plans and Commercial Leases – Local Government Lawyer

Posted May 28th, 2021 in company law, debts, insolvency, landlord & tenant, news by tracey

‘David Nelson looks at the impact on landlords of a controversial High Court decision to allow a restructuring plan for a chain of health clubs.’

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Local Government Lawyer, 28th May 2021

Source: www.localgovernmentlawyer.co.uk

The Inferno of the private rental sector – Nearly Legal

Posted May 24th, 2021 in debts, housing, landlord & tenant, news, rent by tracey

‘For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented sector, rent repayment order decisions are a good way to find displayed what Dante tells us are the three conditions of sin – incontinence, vice, and brute bestiality.’

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Nearly Legal, 23rd May 2021

Source: nearlylegal.co.uk