“Perverse Incentives” – Nearly Legal

Posted February 28th, 2017 in housing, human rights, landlord & tenant, local government, news by tracey

‘Osman, R (on the application of) v London Borough of Harrow (2017) EWHC 274 (Admin). A challenge to Harrow’s allocation policy, specifically on the “downgrading” of allocation priority for overcrowded households in PRS accommodation, while existing Harrow tenants kept the higher priority for overcrowding on a transfer application.’

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Nearly Legal, 26th February 2017

Source: www.nearlylegal.co.uk

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Commercial landlords may have to police illicit tobacco sales under HMRC proposals – OUT-LAW.com

‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’

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OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

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Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

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Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

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Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group

Posted February 21st, 2017 in appeals, landlord & tenant, leases, news, repairs by sally

‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘

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The 36 Group, 6th February 2017

Source: www.36group.co.uk

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Watts v Stewart – leases and licences revisited – Hardwicke Chambers

Posted February 21st, 2017 in charities, housing, landlord & tenant, leases, licensing, news, repossession by sally

‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’

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Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

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‘Unfit’ council home payouts and legal fees hit £35m in five years – BBC News

Posted February 14th, 2017 in compensation, fees, housing, landlord & tenant, local government, news by sally

‘Councils in England have paid out more than £35m in compensation and legal fees in the past five years to tenants living in “unfit” council homes.’

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BBC News, 14th February 2017

Source: www.bbc.co.uk

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Service charges, contracts, social housing and subsidies – Nearly Legal

Posted February 13th, 2017 in costs, landlord & tenant, leases, local government, news, service charges, tribunals by sally

‘An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement.’

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Nearly Legal, 12th February 2017

Source: www.nearlylegal.co.uk

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Revenge eviction law ‘not working’ – BBC News

Posted February 9th, 2017 in complaints, landlord & tenant, news, repossession by sally

‘A new law designed to help protect people renting homes from rogue landlords isn’t working, say MPs and housing lawyers.’

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BBC News, 9th February 2017

Source: www.bbc.co.uk

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Reasonable costs of Improvements – Nearly Legal

‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’

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Nearly Legal, 5th February 2017

Source: www.nearlylegal.co.uk

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Perception of doors – Nearly Legal

‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’

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Nearly Legal, 29th January 2017

Source: www.nearlylegal.co.uk

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Southwark LBC v Various Lessees of the St Saviours Estate – Arden Chambers

Posted January 27th, 2017 in fire, landlord & tenant, news, repairs by sally

‘The Upper Tribunal has held, in dismissing the authority’s appeal, that a front entrance or communal door within a block of flats is not in disrepair merely because it has been modified or replaced. A door, which was designed to provide 20 or 30 minutes’ fire resistance, will only cease to be in repair if there is evidence, following an assessment by an expert in fire resistance, that the physical condition of the door is such that it is no longer able to provide the same fire resistance as when originally constructed.’

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Arden Chambers, January 2017

Source: www.ardenchambers.com

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‘I should have been a tenant’ – more on Bristol property guardians – Nearly Legal

Posted January 16th, 2017 in housing, landlord & tenant, licensing, news by sally

‘As far as property guardians go, all the action seems to be taking place in Bristol. As well as the issues (and possession claim) noted here, there is a separate possession claim going on, with Camelot seeking possession against Greg Roynon, who was also living in one of the former nursing homes.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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To me – To you – Nearly Legal

Posted January 16th, 2017 in homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’

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Nearly Legal, 15th January 2017

Source: www.nearlylegal.co.uk

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Leases, tribunals and contractual costs – Nearly Legal

Posted January 10th, 2017 in costs, landlord & tenant, leases, news, service charges, tribunals by sally

‘The vexed issues of costs in service charge disputes rumble on. Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (our note) set out guidance for how and when rule 13 costs awards will be engaged and awarded in the First Tier Tribunal (for unreasonable conduct). But in this case, the landlord had been awarded 20% of their costs under a Rue 13 decision, but then sought to recover the full costs under a contractual entitlement to costs of an enforcement action under the lease, and sort the FTT’s determination of those as a variable administration charge.’

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Nearly Legal, 9th January 2017

Source: www.nearlylegal.co.uk

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Tales of the private sector – Nearly Legal

‘A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough.’

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Nearly Legal, 8th January 2017

Source: www.nearlylegal.co.uk

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City heads to Supreme Court over council tax position where tenant moves out – Local Government Lawyer

Posted January 6th, 2017 in appeals, council tax, landlord & tenant, local government, news, Supreme Court by tracey

‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

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Local Government Lawyer, 5th January 2017

source: www.localgovernmentlawyer.co.uk

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Works and quiet enjoyment – Nearly Legal

Posted January 5th, 2017 in construction industry, covenants, landlord & tenant, leases, news, noise, rent by tracey

‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’

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Nearly Legal, 4th January 2017

Source: www.nearlylegal.co.uk

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Almshouses, tenancies and Article 14 – Nearly Legal

Posted January 4th, 2017 in appeals, charities, human rights, landlord & tenant, news by tracey

‘This post is my Christmas gift to land law students everywhere in the UK. It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to the Street v Mountford mantra that exclusive possession for a fixed term at a rent = tenancy.’

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Nearly Legal, 29th December 2016

Source: www.nearlylegal.co.uk

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Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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Don’t try this at home – Nearly Legal

Posted December 9th, 2016 in appeals, damages, landlord & tenant, news by sally

‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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