‘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.’
Local Government Lawyer, 30th June 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 27th June 2021
Source: nearlylegal.co.uk
‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’
Nearly Legal, 27th June 2021
Source: nearlylegal.co.uk
‘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.’
House of Commons Library, 20th June 2021
Source: commonslibrary.parliament.uk
‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’
Litigation Futures, 17th June 2021
Source: www.litigationfutures.com
‘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.’
Nearly Legal, 6th June 2021
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 9th June 2021
Source: nearlylegal.co.uk
‘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.’
OUT-LAW.com, 3rd June 2021
Source: www.pinsentmasons.com
“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.”
Nearly Legal, 26th May 2021
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 28th May 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 23rd May 2021
Source: nearlylegal.co.uk
‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’
Tanfield Chambers, 10th May 2021
Source: www.tanfieldchambers.co.uk
‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’
Nearly Legal, 12th May 2021
Source: nearlylegal.co.uk
‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’
Nearly Legal, 9th May 2021
Source: nearlylegal.co.uk
‘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.’
OUTLAW.com, 28th April 2021
Source: www.pinsentmasons.com
‘The Supreme Court has granted Croydon Council permission to appeal in a dispute over the termination of fixed term secure flexible tenancies.’
Local Government Lawyer, 28th April 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 18th April 2021
Source: nearlylegal.co.uk
‘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.’
New Square Chambers, 1st April 2021
Source: www.newsquarechambers.co.uk
‘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.’
The Guardian, 15th April 2021
Source: www.theguardian.com
‘The term ‘rogue landlords’ has been around for many years.’
3PB, 18th March 2021
Source: www.3pb.co.uk
© Inner Temple Library 2024