Category: landlord & tenant

Complications of practical completion – Law Society’s Gazette

Posted April 9th, 2019 in construction industry, contracts, landlord & tenant, leases, news by sally

‘Practical completion of works is often the trigger for other events, such as the grant of a lease. In that scenario, a landlord carries out works in accordance with a planning permission and specification pursuant to a building contract. When the works are practically complete in accordance with the building contract, the landlord will grant and the tenant will accept the lease.’

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Law Society's Gazette, 8th April 2019

Source: www.lawgazette.co.uk

Ending duties after the HRA – Nearly Legal

Posted April 8th, 2019 in animals, benefits, consent orders, duty of care, homelessness, housing, judicial review, landlord & tenant, local government, news by sally

‘This is a settled judicial review, I’ve seen the grounds, interim order and final consent order. It raises a number of issues about the performance of the new Housing Act 1996 Part VII duties as amended by the Homelessness Reduction Act 2017.’

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Nearly Legal, 7th April 2019

Source: nearlylegal.co.uk

Councils face a losing battle as they crack down on rogue landlords – The Guardian

Posted April 8th, 2019 in fines, health & safety, houses in multiple occupation, housing, landlord & tenant, licensing, local government, news, standards by sally

‘Despite dawn raids and legal action, the number of unlicensed rentals in houses of multiple occupation continues to grow.’

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The Guardian, 7th April 2019

Source: www.theguardian.com

Tribunal unable to impose new Code agreement over occupied site – OUT-LAW.com

Posted April 8th, 2019 in codes of practice, compensation, jurisdiction, landlord & tenant, news, rent, telecommunications, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has no jurisdiction to impose rights under the Electronic Communications Code (‘the Code’) in favour of an operator of telecommunications equipment, where a third party is currently occupying the land, it has concluded.’

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OUT-LAW.com, 8th April 2019

Source: www.out-law.com

Landlord’s access and actually turning up – Nearly Legal

Posted April 5th, 2019 in contracts, landlord & tenant, leases, news by tracey

‘New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC). What counts as “refusing access”, where a landlord has a contractual right to access on notice? This rather odd Upper Tribunal case does at least provide a degree of clarification.’

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Nearly Legal, 3rd April 2019

Source: nearlylegal.co.uk

“Practical completion” considered by Court Appeal for first time in 50 years – Practical Law: Construction Blog

Posted April 5th, 2019 in building law, construction industry, contracts, landlord & tenant, leases, news by tracey

‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’

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Practical Law: Construction Blog, 29th March 2019

Source: constructionblog.practicallaw.com

Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer

Posted March 27th, 2019 in compensation, council tax, enforcement notices, families, housing, landlord & tenant, local government, news, planning, proceeds of crime, sentencing, suspended sentences by sally

‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Second possession orders and estoppel – Nearly Legal

Posted March 25th, 2019 in appeals, civil procedure rules, debts, estoppel, landlord & tenant, news, rent, repossession, res judicata by sally

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

Leasehold Enfranchisement Claims – Why it is difficult to reach an amicable solution – Tanfield Chambers

Posted March 20th, 2019 in enfranchisement, landlord & tenant, leases, news by sally

‘ALEP member Nicola Muir is a senior member of the Tanfield Chambers’ property team. She is a specialist in enfranchisement law and all aspects of landlord and tenant law. In this article she examines the complexity of legislation surrounding landlord and tenant disputes.’

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Tanfield Chambers, 14th March 2019

Source: www.tanfieldchambers.co.uk

Tenants in England not being protected from revenge evictions, study finds – The Guardian

Posted March 18th, 2019 in complaints, landlord & tenant, local government, news, statistics by tracey

‘Just one in 20 private tenants who complain to their council about poor living conditions gets protection from a revenge eviction by their landlord, according to figures released today.’

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The Guardian, 18th March 2019

Source: www.theguardian.com

Getting a policy wrong – Housing Act 2004 enforcement in Hull – Nearly Legal

Posted March 15th, 2019 in enforcement, housing, judicial review, landlord & tenant, local government, news, standards by sally

‘There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat embarrassing’ top 10.’

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Nearly Legal, 13th March 2019

Source: nearlylegal.co.uk

EU body granted permission to appeal ruling on Brexit and frustration of Canary Wharf lease – Local Government Lawyer

Posted March 13th, 2019 in appeals, brexit, EC law, landlord & tenant, leases, news by sally

‘A High Court judge has granted the European Medicines Agency (EMA) permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

Council wins Upper Tribunal battle over service charge and replacement central heating – Local Government Lawyer

Posted March 7th, 2019 in housing, interpretation, landlord & tenant, leases, local government, news, repairs, service charges, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) has ruled that the London Borough of Southwark can recover a service charge for work in a leaseholder’s flat after the First Tier Tribunal (FTT) said nothing was payable.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects legal duty for council tax purposes to disclose fact of residence – Local Government Lawyer

Posted March 7th, 2019 in appeals, council tax, disclosure, housing, landlord & tenant, local government, news, notification by tracey

‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

On sewer covers, gardens and responsibilities – Nearly Legal

Posted March 6th, 2019 in defective premises, landlord & tenant, news by sally

‘A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect.’

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Nearly Legal, 4th March 2019

Source: nearlylegal.co.uk

‘Right to Rent’ checks breach human rights – High Court – BBC News

Posted March 1st, 2019 in housing, human rights, immigration, landlord & tenant, news, race discrimination, rent by tracey

‘Rules aimed at preventing illegal immigrants from renting properties are “discriminatory” and breach human rights laws, the High Court has ruled.’

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BBC News, 1st March 2019

Source: www.bbc.co.uk

Defective Premises – Panopticon

Posted February 28th, 2019 in defective premises, landlord & tenant, local government, news, personal injuries by tracey

‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’

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Panopticon, 27th February 2019

Source: local-government-law.11kbw.com

No release from gas – Nearly Legal

Posted February 22nd, 2019 in health & safety, landlord & tenant, news by tracey

‘Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019. The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations.’

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Nearly Legal, 19th February 2019

Source: nearlylegal.co.uk

Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk