‘The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.’
Local Government Lawyer, 12th February 2020
Source: www.localgovernmentlawyer.co.uk
‘In this month’s newsletter Daniel Gatty considers airspace, subsoil and rights of first refusal, in an article in part taken from his recent book, A Practical Guide to Rights over Airspace and Subsoil, available to purchase: here.’
Hardwicke Chambers, January 2020
Source: hardwicke.co.uk
‘For individual landlords unfamiliar with the courts, recovering possession from tenants must often seem like a daunting proposition. It is therefore unsurprising that many such landlords turn to the wide variety of landlord advice companies that advertise support and assistance. These advice companies often offer different ‘packages’, ranging from simply drafting letters before action to pursuing possession orders right through to judgment.’
Pallant Chambers, 30th January 2020
Source: www.pallantchambers.co.uk
‘In York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch), [2019] 3 WLR 727 Zacaroli J. was asked to resolve various issues under the 1987 Act in a case where a husband and wife owned the freehold of a block of flats and, to preserve its development value, granted one or other of themselves leases of various parts of the block and its surroundings at peppercorn rents.’
Hardwicke Chambers, 23rd January 2020
Source: hardwicke.co.uk
‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘On an appeal against a determination of the First-Tier Tribunal (FTT) as to the reasonableness and payability of service charges, the Upper Tribunal found that the FTT had erred in its construction of the residential leases.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘A scheme of arrangement cannot compel a landlord to accept a surrender of a lease because this would interfere with the landlord’s proprietary rights, the High Court in England has ruled.’
OUT-LAW.com, 23rd January 2020
Source: www.pinsentmasons.com
‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’
Family Law Week, 24th January 2020
Source: www.familylawweek.co.uk
‘In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.’
Harwicke Chambers, 16th January 2020
Source: hardwicke.co.uk
‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’
Nearly Legal, 19th January 2020
Source: nearlylegal.co.uk
‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’
The Independent, 16th January 2020
Source: www.independent.co.uk
‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’
Wilberforce Chambers, 8th January 2020
Source: www.wilberforce.co.uk
‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’
Falcon Chambers, 7th January 2020
Source: www.falcon-chambers.com
‘The draft of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 has been laid in Parliament. The regs require a resolution of each house, so this will not be an immediate approval, but should be soon – it looks like the intention is for the Regs to be in force from 1 April 2020.’
Nearly Legal, 13th January 2020
Source: nearlylegal.co.uk
‘Liaw v Sohal. Central London County Court, 10 January 2019. (unreported elsewhere, we’ve seen the approved judgment). A county court first instance deposit claim decision, but with elements of interest and broader relevance (as well as some lessons to landlords as to how not to conduct a case.).
Nearly Legal, 11th January 2020
Source: nearlylegal.co.uk
‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’
Tanfield Chambers, 6th January 2019
Source: www.tanfieldchambers.co.uk
‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’
Nearly Legal, 5th January 2020
Source: nearlylegal.co.uk
‘The director of a lettings and property management agency who defrauded more than £230,000 from the landlords and tenants that were his clients has received a two-year prison sentence, following an investigation by Southampton City Council’s Trading Standards Service.’
Local Government Lawyer, 19th December 2019
Source: www.localgovernmentlawyer.co.uk
‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’
Local Government Lawyer, 17th December 2019
Source: www.localgovernmentlawyer.co.uk
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