‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’
The Guardian, 9th August 2020
Source: www.theguardian.com
‘A High Court judge has dismissed a bid by a landlord to have set aside an arbitrator’s award that favoured a council as tenant of a city centre property.’
Local Government Lawyer, 4th August 2020
Source: www.localgovernmentlawyer.co.uk
‘Hundreds of private renters in England in receipt of benefits are still struggling to secure accommodation despite a landmark ruling saying that landlords are not allowed to discriminate against this group.’
The Guardian, 2nd August 2020
Source: www.theguardian.com
‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’
Tanfield Chambers, 17th July 2020
Source: www.tanfieldchambers.co.uk
‘In a judgment that will be of interest to a number of entities, particularly in the transport and utilities sectors, the Upper Tribunal in IC v Poplar Housing Association [2020] UKUT 182 (AAC) has provided a boost to this analysis, upholding a narrow definition of “public authority” under Regulation 2(2)(c) of the Environmental Information Regulations (“EIR”) that will exclude many organisations from the scope of the regime.’
Monckton Chambers, 24th July 2020
Source: www.monckton.com
‘Measures brought in to tackle the pandemic meant that universities, much like everyone else, had to implement policies of working or learning remotely. These are likely to continue at varying extents across England for the 2020-2021 academic year. If students, in particular those residing otherwise abroad, do not need to attend lectures in person, and face difficulties in returning to England due to travel restrictions, then this is likely to raise an issue for landlords of HMOs targeted at that sector of the market. This is because students renting a room in shared accommodation or those who had agreed to do so for the next academic year are likely to try to surrender their lease. Where does this leave the landlords?’
4-5 Gray's Inn Square, 17th July 2020
Source: www.4-5.co.uk
‘After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings.’
Nearly Legal, 21st July 2020
Source: nearlylegal.co.uk
‘In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020.’
Nearly Legal, 18th July 2020
Source: nearlylegal.co.uk
‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’
Nearly Legal, 14th July 2020
Source: nearlylegal.co.uk
‘A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory. The “momentous” court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.’
BBC News, 14th July 2020
Source: www.bbc.co.uk
‘This was Mr Sangha’s appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not repaid. The back story is somewhat complicated, involving commercial properties, loans and leases, but not relevant to the grounds of the decision, so anyone interested can read the judgment.’
Nearly Legal, 12th July 2020
Source: nearlylegal.co.uk
‘A recently housed Haringey mother that had been living in a bed and breakfast since February 2020 was failed by her local council because it did not do enough to prevent her from becoming homeless, the Local Government and Social Care Ombudsman has said.’
Local Government Lawyer, 10th July 2020
Source: www.localgovernmentlawyer.co.uk
‘A landlord under a fixed-term flexible tenancy did not have any right to determine the tenancy prior to the expiry of the fixed term because the tenancy agreement did not contain a forfeiture clause. The tenancy did not fall within the ambit of s82(1)(b) Housing Act 1985 and the landlord could only seek possession under s107D at the end of the fixed term.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’
Guildhall Chambers, 6th July 2020
Source: www.guildhallchambers.co.uk
‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’
Local Government Lawyer, 9th July 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’
Tanfield Chambers, 30th July 2020
Source: www.tanfieldchambers.co.uk
‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’
Falcon Chambers, 29th June 2020
Source: www.falcon-chambers.com
‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
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