‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’
Local Government Lawyer, 24th March 2020
Source: www.localgovernmentlawyer.co.uk
‘The “complete ban” on evictions promised by the government has been widely criticised after it emerged that the coronavirus bill merely extends the notice required for possession, from two months to three.’
The Guardian, 24th March 2020
Source: www.theguardian.com
‘I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not happened as of 6 pm. There may have been some changes, but my understanding is it was going ahead as per the draft.’
Nearly Legal, 23rd March 2020
Source: nearlylegal.co.uk
‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’
Local Government Lawyer, 19th March 2020
Source: www.localgovernmentlawyer.co.uk
‘CPR 55.11 and 55.12 are being amended to remove Demoted Tenancies and oral tenancy agreement cases from falling within the scope of Accelerated Possession Proceedings. The standard form N5B is being amended accordingly and coincides with the Tenant Fees Act 2019.’
Tanfield Chambers, 25th March 2020
Source: www.tanfieldchambers.co.uk
‘Housing associations are under pressure to offer rent holidays after only one pledged not to evict any tenant in arrears due to self-isolating because of the coronavirus.’
The Guardian, 17th March 2020
Source: www.theguardian.com
‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’
Tanfield Chambers, 25th February 2020
Source: www.tanfieldchambers.co.uk
‘A husband and wife who are the joint freeholders of a block of flats, granted a number of leases of various parts of that block to one or other of themselves. These were found to be disposals which were exempt from the provisions of part 1 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), either because these were gifts to family under s.4(2)(e) or disposals within a family under s.4(2)(h).’
Tanfield Chambers, 25th February 2020
Source: www.tanfieldchambers.co.uk
‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’
Local Government Lawyer, 13th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A radical proposal by an influential human rights thinktank to resolve housing disputes – a sector blighted by “advice deserts” – has divided housing lawyers.’
Law Society's Gazette, 10th March 2020
Source: www.lawgazette.co.uk
‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’
Nearly Legal, 8th March 2020
Source: nearlylegal.co.uk
‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’
Nearly Legal, 3rd March 2020
Source: nearlylegal.co.uk
‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’
Practical Law Construction Blog, 26th February 2020
‘The battle against the discriminatory practice of landlords not renting to benefit claimants has intensified after legal victories by two single mothers.’
BBC News, 26th February 2020
Source: www.bbc.co.uk
‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’
Ropewalk Chambers, February 2020
Source: www.ropewalk.co.uk
‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’
St Ives Chambers, 20th February 2020
Source: www.stiveschambers.co.uk
‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’
Garden Court Chambers, 25th February 2020
Source: www.gardencourtchambers.co.uk
‘General damages will take two forms. The first, and probably least controversial, is that the tenant is not to be required to contribute towards the costs of the remedial works and, to the extent that there might be a contractual obligation to do so (e.g. by way of a service charge) damages need to be awarded: see Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC), (2015) 1 WLR 3663 (a Defective Premises Act 1972 claim) and Daejan Properties Ltd v Griffin (2014) UKUT 0206 (LC) (a long leasehold service charge case).’
Nearly Legal, 23rd February 2020
Source: nearlylegal.co.uk
‘Local councils in England must be given powers to regulate Airbnb and other short-term letting sites in order to alleviate the “intolerable” pressure they put on the availability of local housing, the Green party MP, Caroline Lucas, has said.’
The Guardian, 21st February 2020
Source: www.theguardian.com
‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’
Nearly Legal, 22nd February 2020
Source: nearlylegal.co.uk
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