Evictions rise: ‘I was quite upset, it was panic mode’ – BBC News

Posted February 24th, 2022 in coronavirus, deposits, landlord & tenant, news, rent, repossession by sally

‘The government introduced a ban on evictions in March 2020 to protect renters during the pandemic, but this was lifted in May 2021.

Now government figures show that repossession claims by private landlords are returning to pre-pandemic levels.’

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BBC News, 24th February 2022

Source: www.bbc.co.uk

‘Sex for rent’ ads to be banned in Online Safety Bill – BBC News

Posted February 21st, 2022 in advertising, bills, housing, internet, landlord & tenant, news, sexual offences by sally

‘Social media firms who allow “sex for rent” adverts will face prosecution under planned new laws.’

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BBC News, 18th February 2022

Source: www.bbc.co.uk

The leasehold reform consultation – Mills & Reeve

‘The Department for Levelling Up, Housing and Communities is seeking views on the reform of the residential leasehold and commonhold system in England and Wales.’

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Mills & Reeve, 14th February 2022

Source: www.mills-reeve.com

This is not my beautiful house – Nearly Legal

Posted February 15th, 2022 in disclosure, injunctions, landlord & tenant, news, repossession, trespass by sally

‘Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB). A combined hearing of a return date on an ex parte interim injunction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might think, though not outside the bounds of possibility. But bear with me, because this will turn out to be quite the ride.’

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Nearly Legal, 13th February 2022

Source: nearlylegal.co.uk

Company landlords and signing notices – Nearly Legal

‘Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40. This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held that while signing a section 8 notice did not have to comply with the requirements of section 44 Companies Act, the signing of the prescribed information certificate did, so that it could not be signed by a sole director.’

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Nearly Legal, 26th January 2022

Source: nearlylegal.co.uk

RROs, company directors and reasonable excuses – Nearly Legal

Posted January 24th, 2022 in housing, landlord & tenant, news, rent, tribunals by sally

‘A couple of Upper Tribunal appeal decisions on rent repayment order cases.’

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Nearly Legal, 23rd January 2022

Source: nearlylegal.co.uk

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by sally

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

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Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

New Things – Nearly Legal

Posted January 13th, 2022 in housing, landlord & tenant, news, Wales by sally

‘There were a few announcements today and a Supreme Court decision.’

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Nearly Legal, 12th January 2022

Source: nearlylegal.co.uk

The ‘right to manage’ and shared estate facilities – Local Government Lawyer

Posted January 13th, 2022 in easements, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘In a key ruling on the “right to manage” and wider estate facilities, the Supreme Court has overturned the Court of Appeal’s ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.’

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Local Government Lawyer, 12th January 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds London borough guilty of severe maladministration in handling of complaint about leak – Local Government Lawyer

Posted January 12th, 2022 in compensation, delay, housing, landlord & tenant, local government, news, ombudsmen, repairs by sally

‘A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary

Posted January 12th, 2022 in housing, landlord & tenant, news, tribunals by sally

‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’

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Courts and Tribunals Judiciary , 11th January 2022

Source: www.judiciary.uk

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

The appearance of a substantial defence in possession claims, and property guardians and possession – Nearly Legal

Posted December 14th, 2021 in civil procedure rules, estoppel, landlord & tenant, licensing, news, repossession by sally

‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’

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Nearly Legal, 6th December 2021

Source: nearlylegal.co.uk

The Commercial Rent (Coronavirus) Bill: the Code of Practice – Local Government Lawyer

‘In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

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gov.uk, 25th November 2021

Source: www.gov.uk

Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal

‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’

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Nearly Legal, 16th November 2021

Source: nearlylegal.co.uk

Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer

Posted November 9th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by sally

‘The “Overall Arrangements for Possession Proceedings” ­– published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk