‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’
Nearly Legal, 18th May 2018
Source: nearlylegal.co.uk
‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’
Local Government Lawyer, 30th April 2018
Source: www.localgovernmentlawyer.co.uk
‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’
Nerarly Legal, 26th March 2018
Source: nearlylegal.co.uk
‘A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not just the judiciary.’
Nearly Legal, 12th March 2018
Source: nearlylegal.co.uk
‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’
Daily Telegraph, 5th March 2018
Source: www.telegraph.co.uk
‘Lettings agents and landlords have been warned that they may be breaking the law if they refuse on a blanket basis to consider potential tenants simply because they are on benefits.’
Local Government Lawyer, 1st March 2018
Source: www.localgovernmentlawyer.co.uk
‘Tenants left fighting with private landlords over shoddy accommodation will be consulted on a new complaints system, the Government has announced.’
Daily Telegraph, 18th February 2018
Source: www.telegraph.co.uk
‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’
Nearly Legal, 11th February 2018
Source: nearlylegal.co.uk
‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’
Nearly Legal, 11th Febraury 2018
Source: nearlylegal.co.uk
‘Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for rectifying the problems. For leaseholders in those blocks, this was always going to be a very serious issue.’
Nearly Legal, 4th February 2018
Source: nearlylegal.co.uk
‘Criminal landlords who rent out illegally dangerous homes will be forced to give up all their earnings, following a court ruling that could strengthen powers to tackle Britain’s worst housing.’
The Guardian, 1st February 2018
Source: www.theguardian.com
‘Luton Borough Council has secured its largest ever fine – £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).’
Local Government Lawyer, 30th January 2018
Source: www.localgovernmentlawyer.co.uk
‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’
Local Government Lawyer, 2nd January 2018
Source: www.localgovernmentlawyer.co.uk
‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’
Tanfield Chambers, 1st December 2017
Source: www.tanfieldchambers.co.uk
‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’
Nearly Legal, 1st December 2017
Source: nearlylegal.co.uk
‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’
Local Government Lawyer, 29th November 2017
Source: www.localgovernmentlawyer.co.uk
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