‘The recent case of Lacy v Homeselect Finance [2023] UKUT 231 (LC) considered a number of historic service charge issues between a long-leaseholder and a freeholder of a flat in Torquay. A particular point of note is the decision regarding admissions and estoppel.’
Park Square Barristers, 11th October 2023
Source: www.parksquarebarristers.co.uk
‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’
Falcon Chambers, 9th October 2023
Source: www.falcon-chambers.com
‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’
Local Government Lawyer, 9th November 2023
Source: www.localgovernmentlawyer.co.uk
‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’
Falcon Chambers, 2nd October 2023
Source: www.falcon-chambers.com
‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’
Tanfield Chambers, 19th October 2023
Source: www.tanfieldchambers.co.uk
‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’
OUT-LAW.com, 6th November 2023
Source: www.pinsentmasons.com
‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’
Local Government Lawyer, 3rd November 2023
Source: www.localgovernmentlawyer.co.uk
‘Two recent business tenancy appeals in England are likely to catch the eye of the Law Commission as it considers potential reforms to the 1954 Landlord and Tenant Act, according to one legal expert.’
OUT-LAW.com, 2nd November 2023
Source: www.pinsentmasons.com
‘The Housing Ombudsman has found severe maladministration for Clarion after its “lack of consideration” of a resident’s vulnerability when handling his complaints about noise led to him suffering over a nine-month period.’
Local Government Lawyer, 2nd November 2023
Source: www.localgovernmentlawyer.co.uk
‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’
Local Government Lawyer, 25th October 2023
Source: www.localgovernmentlawyer.co.uk
‘The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.’
Local Government Lawyer, 25th October 2023
Source: www.localgovernmentlawyer.co.uk
‘Szorad & Anor v Kohli (2023) EW Misc 12 (CC). A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit.’
Nearly Legal, 23rd October 2023
Source: nearlylegal.co.uk
‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’
BBC News, 24th October 2023
Source: www.bbc.co.uk
‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’
Nearly Legal, 22nd October 2023
Source: nearlylegal.co.uk
‘In this digest, Louise Leaver and Sarah Greenhalgh look at the impact of the Transparency, Influence and Accountability Standard.’
Local Government Lawyer, 23rd October 2023
Source: www.localgovernmentlawyer.co.uk
‘Judges are to be asked to rule on whether private landlords can “reasonably” deny a tenant’s request to keep a pet, under sweeping reforms to the private rented sector facing a key parliamentary debate on Monday.’
The Guardian, 23rd October 2023
Source: www.theguardian.com
‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’
Local Government Lawyer, 19th October 2023
Source: www.localgovernmentlawyer.co.uk
‘Jonathan Upton looks at the recent case of Alma Property Management Ltd v Crompton which illustrates the importance of considering the rights and obligations of each party in whose capacity one acts and pleading the case accordingly.’
Tanfield Chambers, 28th September 2023
Source: www.tanfieldchambers.co.uk
‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’
The Guardian, 17th October 2023
Source: www.theguardian.com
‘The Housing Ombudsman has gained new powers under the Social Housing Regulation Act, allowing it not only to address individual complaints from a landlord, but also extend “fairness and protection” to wider residents.’
Local Government Lawyer, 16th October 2023
Source: www.localgovernmentlawyer.co.uk
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