landlord & tenant – Current Awareness

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

Posted May 13th, 2024 in homelessness, housing, judicial review, landlord & tenant, local government, news, repossession, statutory duty by tracey

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Redefining the boundaries of reasonable excuse in housing enforcement? – Local Government Lawyer

Posted May 8th, 2024 in enforcement, housing, landlord & tenant, local government, news, notification, repairs by tracey

‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

A warning for housing lawyers – Local Government Lawyer

Posted May 8th, 2024 in case management, civil procedure rules, costs, housing, landlord & tenant, local government, news by tracey

‘Stefan Liberadzki discusses the new Intermediate Track and fixed costs.’

Local Government Lawyer, 8th May 2024

Source: www.localgovernmentlawyer.co.uk

Service of prescribed documents – deemed or actual? – Nearly Legal

Posted May 7th, 2024 in documents, landlord & tenant, news, repossession, service, statutory interpretation by tracey

‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’

Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

Housing conditions quantum – another County Court decision – Nearly Legal

Posted May 7th, 2024 in damages, landlord & tenant, news, repairs by tracey

‘Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024). Engmann was Lambeth’s secure tenant since October 2018. Since the start of the tenancy there had been damp and mould due to defects to external brickwork and a failed damp proof course. In December 2022, a leak started at the property, causing the collapse of the living room ceiling a month later. A month after that, the electrics failed and the tenant was without electricity for 6 weeks. The issues continued, with ongoing problems withe the electrics.
The tenant issued a claim for damages and works in February 2023. In March 2023, by consent order, Lambeth agreed to provide the tenant with decant accommodation from early April 2023, and to complete works by May 2023.’

Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

Remediation orders – landlords beware – Tanfield Chambers

Posted May 3rd, 2024 in building law, chambers articles, housing, landlord & tenant, news, repairs by sally

‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’

Tanfield Chambers, 26th April 2024

Source: www.tanfieldchambers.co.uk

Building Safety Act amendments re Tribunal appointed managers – Tanfield Chambers

Posted May 3rd, 2024 in building law, chambers articles, housing, landlord & tenant, news, tribunals by sally

‘Timothy Polli KC, Carl Fain, and Katie Gray discuss what the rules are in the LTA 1987 amendments, as well as the issues that arise between FTT appointed managers and Regulator- appointment special measures managers.’

Tanfield Chambers, 19th April 2024

Source: www.tanfieldchambers.co.uk

Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK

Posted May 1st, 2024 in appeals, education, homelessness, housing, human rights, Islam, landlord & tenant, local government, London, news, religious discrimination, school children by sally

‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’

Law & Religion UK, 1st May 2024

Source: lawandreligionuk.com

Not at home alone, but intending to return – Nearly Legal

Posted April 29th, 2024 in housing, landlord & tenant, local government, London, news, right to buy by tracey

‘Weintraub v London Borough of Hackney (2024) EWHC 845 (Ch). An appeal of the dismissal of a claim for a declaration that Rabbi Weintraub had the right to buy, which was dismissed on the basis that he was not occupying the property as his only or principal home.’

Nearly Legal, 28th April 2024

Source: nearlylegal.co.uk

Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers

Posted April 26th, 2024 in appeals, chambers articles, landlord & tenant, leases, local government, news by sally

‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’

Gatehouse Chambers, 16th April 2024

Source: gatehouselaw.co.uk

High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers

Posted April 24th, 2024 in chambers articles, child abuse, children, equality, families, housing, judicial review, landlord & tenant, local government, news, sex discrimination, sexual offences, women by sally

‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’

Garden Court Chambers, 10th April 2024

Source: www.gardencourtchambers.co.uk

Acting Beyond Their Purview: Independent Experts in the Dock – an article by Janet Bignell KC – Falcon Chambers

Posted April 24th, 2024 in chambers articles, civil procedure rules, dilapidations, expert witnesses, landlord & tenant, news, repairs by sally

‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’

Falcon Chambers, 15th April 2024

Source: www.falcon-chambers.com

Tribunal ruling is a step forward in understanding code disputes – OUT-LAW.com

Posted April 16th, 2024 in codes of practice, landlord & tenant, news, telecommunications, tribunals by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

Council managing its premises is not providing a service for Equality Act 2010 purposes – Nearly Legal

Posted April 15th, 2024 in disability discrimination, disabled persons, equality, housing, judicial review, landlord & tenant, local government, mental health, news by tracey

‘FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea (2024) EWHC 780 (Admin). This was a judicial review of RBKC, asserting discrimination under the Equality Act 2010 in RBKC’s failure to make physical adaptations to a flat occupied by RBKC’s tenant, Ms FG, to meet her disability related needs.’

Nearly Legal, 14th April 2024

Source: nearlylegal.co.uk

Court considers redevelopment ground for opposing business lease renewals – OUT-LAW.com

Posted April 15th, 2024 in landlord & tenant, leases, news by tracey

‘A recent court decision in England provides valuable lessons to landlords seeking to oppose the grant of a new lease highlighting the importance of proper preparation and planning in terms of lease renewal and property works, experts have said.’

OUT-LAW.com, 12th April 2024

Source: www.pinsentmasons.com

The Lowe down – Nearly Legal

Posted April 2nd, 2024 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’

Nearly Legal, 1st April 2024

Source: nearlylegal.co.uk

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal

Posted March 11th, 2024 in consultations, housing, landlord & tenant, leases, news, repairs, service charges by tracey

‘Some quick notes on various recent (ish) Upper Tribunal decisions.’

Nearly Legal, 10th March 2024

Source: nearlylegal.co.uk

New legislation simplifies UK Construction Industry Scheme scope – OUT-LAW.com

Posted March 11th, 2024 in building law, construction industry, landlord & tenant, news, taxation by tracey

‘New rules outlined today are designed to simplify a UK tax regime that applies when tenants carry out certain construction works and where payment is made by landlords.’

OUT-LAW.com, 8th March 2024

Source: www.pinsentmasons.com

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