landlord & tenant – Page 27 – Current Awareness

Rent during Covid-19: landlords still hold the strongest hand – Falcon Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Since the outbreak of the coronavirus pandemic and the coming into force of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (the Regulations) much ink has been spilled about the frustration of leases. While the rapidly expanding body of literature makes interesting reading, it is largely irrelevant for real-world landlords and tenants. No one really wants to argue frustration. Tenants may not want to pay rent, but (unless quitting their business altogether, in which case they may not be overly concerned about past rent) they certainly don’t want to be out on their ear: a necessary corollary of a successful frustration plea.’

Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Present & Post Covid-19 Rent Review disputes & ADR – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, coronavirus, dispute resolution, landlord & tenant, news, rent by sally

‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’

33 Bedford Row, 9th April 2020

Source: www.33bedfordrow.co.uk

Coronavirus: a frustrating situation – Falcon Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, landlord & tenant, leases, news by sally

‘The UK is currently grappling with what is hoped to be the peak of the Coronavirus crisis. Landlords and tenants have both been hit: government guidance and legislation has prevented many tenants from using premises as they expected, and prevented landlords from forfeiting leases or seeking possession. Both may feel that they are locked into a bargain that they could not have anticipated and want to escape from. But can they?’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Managing Enfranchisement Claims during the Coronavirus Pandemic – Falcon Chambers

Posted April 16th, 2020 in chambers articles, coronavirus, enfranchisement, landlord & tenant, leases, news by sally

‘Leasehold enfranchisement and right to manage practitioners are used to dealing with unexpected developments, tight deadlines and strict rules. They ought therefore to be well placed to manage the difficulties presented by the Coronavirus crisis. Nonetheless, the present circumstances are undoubtedly challenging for those acting for landlords or tenants in enfranchisement, lease extension and right to manage matters.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Modification of Leasehold Covenants: The latest decision – Falcon Chambers

Posted April 16th, 2020 in chambers articles, covenants, landlord & tenant, leases, news by sally

‘In its latest decision on the modification of restrictive covenants in leases under s. 84, the Lands Tribunal has refused to modify a use covenant in a long lease prohibiting the use of the demised premises in question as a hotel.’

Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

Posted April 16th, 2020 in chambers articles, county courts, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

Posted April 15th, 2020 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, London, news, repairs, tribunals by sally

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture – 3PB

Posted April 14th, 2020 in chambers articles, coronavirus, forfeiture, landlord & tenant, news by sally

‘In recent years the rise of e-commerce has challenged the traditional High Street model as we know it. The high attrition rates on the High Street have been widely reported. For those retailers who have sought to avoid closing their businesses, Company Voluntary Agreements (“CVA’s”) have become popular in order to allow shops to keep trading.’

3PB, 9th April 2020

Source: www.3pb.co.uk

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

Posted April 9th, 2020 in appeals, asylum, homelessness, housing, human rights, immigration, landlord & tenant, news, repossession, Supreme Court by sally

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

Posted April 9th, 2020 in compensation, disability discrimination, disabled persons, housing, human rights, judicial review, landlord & tenant, local government, news by sally

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

What a difference a PSED makes… – Nearly Legal

Posted April 8th, 2020 in appeals, children, deceit, homelessness, housing, landlord & tenant, local government, mental health, news by sally

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Council launches judicial review over government decision not to renew city-wide landlord licensing scheme – Local Government

Posted April 7th, 2020 in housing, judicial review, landlord & tenant, licensing, local government, news by sally

‘Liverpool City Council has launched a judicial review challenge of the government’s decision not to renew its landlord licensing scheme.’

Local Government Lawyer, 6th April 2020

Source: www.localgovernmentlawyer.co.uk

Possession proceedings and COVID-19 – Henderson Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, housing, landlord & tenant, news, repossession by sally

‘With the government ordering people to stay at home during the COVID-19 global pandemic, questions necessarily arise for those whose “home” is a rented property. What does this mean for landlords and tenants alike? Broadly, whilst the Government made loud promises about banning evictions, the Coronavirus Act 2020 makes more ‘watered down’ provision, giving greater comfort to landlords but potentially leaving tenants mired in uncertainty.’

Henderson Chambers, 27th March 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

High Court judge quashes refusal by council of disabled facilities grant – Local Government Lawyer

Posted April 3rd, 2020 in disability discrimination, disabled persons, equality, housing, landlord & tenant, local government, news by sally

‘Councils cannot treat disabled facilities grant (DFG) applications from council tenants differently to those from others, the High Court has ruled.’

Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Social landlord loses appeal over whether it granted inter-generational tenancy – Local Government Lawyer

Posted April 3rd, 2020 in appeals, housing, landlord & tenant, news by sally

‘A housing association has lost an appeal over whether it granted an inter-generational tenancy to a resident.’

Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

Posted March 30th, 2020 in appeals, domestic violence, homelessness, housing, landlord & tenant, local government, news, repossession, victims by sally

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

Posted March 30th, 2020 in coronavirus, drafting, housing, landlord & tenant, news, notification, repossession, time limits by sally

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

Posted March 26th, 2020 in appeals, burden of proof, housing, landlord & tenant, local government, news, penalties, tribunals by sally

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in Upper Tribunal appeal over requirement to attend training on tenancy management – Local Government Lawyer

Posted March 26th, 2020 in appeals, landlord & tenant, licensing, news, tribunals by sally

‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’

Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

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