The Commercial Rent (Coronavirus) Bill: the Code of Practice – Local Government Lawyer

‘In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice.’

Full Story

Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

Full Story

Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

Full Story

gov.uk, 25th November 2021

Source: www.gov.uk

Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal

‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’

Full Story

Nearly Legal, 16th November 2021

Source: nearlylegal.co.uk

Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer

Posted November 9th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by tracey

‘The “Overall Arrangements for Possession Proceedings” ­– published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’

Full Story

Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’

Full Story

Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

Waiver and determining breach of lease – Nearly Legal

Posted November 1st, 2021 in covenants, housing, landlord & tenant, leases, news by tracey

‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’

Full Story

Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by tracey

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

Full Story

Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Housing Ombudsman urges social landlords to adopt “zero tolerance approach” on damp and mould – Local Government Lawyer

‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’

Full Story

Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay more than £33k in fines and costs over failure to license property – Local Government Lawyer

Posted October 18th, 2021 in fines, housing, landlord & tenant, licensing, local government, news by tracey

‘Merton Council has successfully prosecuted a landlord and his associated property agency for letting unsafe properties and operating in an unlicensed manner.’

Full Story

Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

Recovering commercial rent during the pandemic – Local Government Lawyer

Posted October 15th, 2021 in coronavirus, debts, landlord & tenant, leases, local government, news, rent, set-off by tracey

‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’

Full Story

Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

Disabled woman to take DWP to court over ‘immoral’ automatic benefit deductions – The Guardian

‘A disabled woman is to challenge the Department for Work and Pensions in court over what she calls its “immoral” policy of allowing landlords and utilities companies to automatically make deductions from monthly benefits payments without the claimant’s consent.’

Full Story

The Guardian, 15th October 2021

Source: www.theguardian.com

Rent Repayment Orders – not ALL the rent – Nearly Legal

Posted October 12th, 2021 in houses in multiple occupation, landlord & tenant, licensing, news, rent, repayment by sally

‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’

Full Story

Nearly Legal, 11th October 2021

Source: nearlylegal.co.uk

A tale of two judges – Law Society’s Gazette

Posted October 11th, 2021 in coronavirus, county courts, judges, landlord & tenant, leases, news, rent by sally

‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’

Full Story

Law Society's Gazette, 11th October 2021

Source: www.lawgazette.co.uk

Bedrooms – hypothetical rather than actual. Bedroom tax and actual use. – Nearly Legal

Posted October 4th, 2021 in appeals, benefits, housing, landlord & tenant, news by tracey

‘The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080. A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision on whether assessment of entitlement to bedrooms for the bedroom tax was connected to the actual occupiers and their actual or potential use of the rooms. (Here there were two children and two bedrooms, neither of which could accommodate two children.)’

Full Story

Nearly Legal, 3rd October 2021

Source: nearlylegal.co.uk

Possession – more change in England – Local Government Lawyer

Posted October 4th, 2021 in housing, landlord & tenant, local government, news, repossession by tracey

‘From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.’

Full Story

Local Government Lawyer, 4th October 2021

Source: www.localgovernmentlawyer.co.uk

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed – Local Government Lawyer

‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’

Full Story

Local Government Lawyer, 1st October 2021

Source: www.localgovernmentlawyer.co.uk

Housing disrepair claims and costs – Local Government Lawyer

Posted September 20th, 2021 in costs, housing, landlord & tenant, local government, news, repairs by tracey

‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’

Full Story

Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Claimant wins Upper Tribunal appeal over tenancy agreement and housing benefit – Local Government Lawyer

Posted September 17th, 2021 in appeals, benefits, housing, landlord & tenant, local government, news by tracey

‘The London Borough of Sutton has lost a case in the Upper Tribunal over whether a tenancy arrangement was a sham to increase housing benefit.’

Full Story

Local Government Lawyer, 16th September 2021

Source: www.localgovernmentlawyer.co.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

Full Story

Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk