‘Even before the current Covid-19 outbreak, non-domestic rates were a critical concern for landlords and tenants of business premises alike. This crisis, and subsequent lockdown, has provoked even closer focus on the issue, and led to some major changes to the rates regime.’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
‘Residential leases can last a long time. A lot can change in 99 years or 999 years. What the landlord deemed an absolute “no-no” in 1965 might not seem such a bad idea now. However, following the Supreme Court’s decision in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18; [2020] PLSCS 84 if the landlord has given other leaseholders in the block the benefit of a mutual enforceability covenant, the landlord will put itself in breach of covenant if it gives a tenant permission to do something which would breach an absolute covenant. The consequences of this decision are potentially far reaching.’
Tanfield Chambers, 13th May 2020
Source: www.tanfieldchambers.co.uk
‘This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This was a trial of a preliminary issue, transferred to the High Court, of “the correct manner in which to determine a secure flexible tenancy during the fixed term (including whether, and if so how, any principles relating to forfeiture apply)”. The claim ws brought during the fixed term.’
Nearly Legal, 2nd June 2020
Source: nearlylegal.co.uk
‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’
The 36 Group, 2nd June 2020
Source: 36group.co.uk
‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’
Becket Chambers, 1st June 2020
Source: becket-chambers.co.uk
‘On Halloween in 2003, the Service Charge (Consultation Requirements) (England) Regulations 2003 (the “Regulations”) came into force, amending section 20 of the Landlord and Tenant Act 1985 (“LTA 1985”). This amendment set a financial limit to works carried out on a residential building, beyond which a landlord would have to consult with tenants. That threshold is £250 per tenant. The nature of the consultation is prescribed by section 20 LTA 1985.’
Becket Chambers, 27th May 2020
Source: becket-chambers.co.uk
‘[Landlord & Tenant Act 1985] s.27A(6) provides that:
An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—(a) in a particular manner, or (b) on particular evidence,
of any question which may be the subject of an application under subsection (1) …’
Hardwicke Chambers, 28th May 2020
Source: hardwicke.co.uk
‘A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are “on duty”. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?’
Hardwicke Chambers, 29th May 2020
Source: hardwicke.co.uk
‘With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world.’
Pump Court Chambers, 26th May 2020
Source: www.pumpcourtchambers.com
‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’
St Ives Chambers, 19th May 2020
Source: www.stiveschambers.co.uk
‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’
Local Government Lawyer, 28th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal decision in Dr Julia Duval v 11 – 13 Randolph Crescent Ltd [2018] EWCA Civ 2298 was a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants. That decision has been confirmed by the Supreme Court: [2020] UKSC 18.’
Hardwicke Chambers, 12th May 2020
Source: hardwicke.co.uk
‘Undocumented migrants are being forced to sleep rough during the coronavirus pandemic amid an increase in illegal evictions and a lack of government guidance, lawyers have warned.’
Each Other, 13th May 2020
Source: eachother.org.uk
‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’
4-5 Gray's Inn Square, 29th April 2020
Source: www.4-5.co.uk
‘Two of the leases of 11-13 Randolph Crescent are held by the respondent, Dr Duval and a third lease Is held by Ms Martha Winfield. Each lease contains a covenant, clause 2.6, which prevents the lessee from making any alteration or improvement in, or addition to, the premises demised by the lease without the prior consent of the landlord. Each lease contains an absolute covenant, clause 2.7, which prevents the lessee from cutting into any roofs, walls, ceilings or service media. Clause 3.19 requires the landlord to enforce, at the request and cost of the lessee, certain covenants in the leases held by other lessees, including any covenant of a similar nature to clause 2.7. Mrs Winfield sought a licence from the landlord to carry out works to her flat which the landlord granted, subject to Mrs Winfield securing adequate insurance. Dr Duval then issued proceedings against the landlord seeking a declaration that the landlord did not possess the power to permit Mrs Winfield to act in breach of clause 2.7 of her lease. The landlord appealed to the Supreme Court.’
UKSC Blog, 6th May 2020
Source: ukscblog.com
‘The ‘hostile environment’ policy was introduced in 2012 by then Home Secretary Theresa May. It combines administrative and legal measures designed to make life in the UK so difficult for irregular migrants that they are forced to leave the country. The hallmark of the policy is the empowerment of private citizens and public servants to routinely carry out immigration checks as part of many aspects of everyday life, including renting a property, applying for jobs and accessing public services.’
5SAH, 7th May 2020
Source: www.5sah.co.uk
‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’
Thomas More Chambers, 28th April 2020
Source: www.thomasmore.co.uk
‘Leaseholders and landlords of residential leasehold properties face difficulties without any direct precedent in modern times. In particular, the sudden collapse in leaseholder incomes has had a dramatic effect on service charge receipts. The challenges pose numerous legal questions.’
Tanfield Chambers, 1st May 2020
Source: www.tanfieldchambers.co.uk
‘Mr Fivaz had (and still has) long leases of two flats in a block owned by by Marlborough. In around 2014 he unilaterally replaced the front door of each flat. About 5 years later the landlord complained that his actions constituted a breach of the leases. It brought proceedings in the FTT for a determination of breach pursuant to s.168(4) of the Commonhold and Leasehold Reform Act 2002.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘Since the Government imposed numerous restrictions on day to day life in order to tackle the COVID-19 pandemic, it is anticipated that anti-social behaviour (ASB) complaints may be more frequent then they might have been prior to the lockdown implementation. This article explores, in brief, the options available to private landlords during the time of the COVID-19 restrictions.’
Thomas More Chambers, 26th April 2020
Source: www.thomasmore.co.uk
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