‘Older people who have moved into retirement leasehold properties could be being hit with unfair fees worth thousands of pounds, according to the Law Commission.’
Law Commission, 31st March 2017
Source: www.justice.gov.uk/lawcommission
‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’
Local Government Lawyer, 29th March 2017
Source: www.localgovernment.co.uk
‘Osman, R (on the application of) v London Borough of Harrow (2017) EWHC 274 (Admin). A challenge to Harrow’s allocation policy, specifically on the “downgrading” of allocation priority for overcrowded households in PRS accommodation, while existing Harrow tenants kept the higher priority for overcrowding on a transfer application.’
Nearly Legal, 26th February 2017
Source: www.nearlylegal.co.uk
‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’
OUT-LAW.com, 22nd February 2017
Source: www.out-law.com
‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’
Arden Chambers, 16th February 2017
Source: www.ardenchambers.com
‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘
Full story (PDF)
The 36 Group, 6th February 2017
Source: www.36group.co.uk
‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’
Hardwicke Chambers, 18th January 2017
Source: www.hardwicke.co.uk
‘Councils in England have paid out more than £35m in compensation and legal fees in the past five years to tenants living in “unfit” council homes.’
BBC News, 14th February 2017
Source: www.bbc.co.uk
‘An interesting question. To what extent, if at all, can leaseholders’ service charges be set at a level to ‘subsidise’ a shortfall as against actual maintenance costs in service charges recoverable from social tenants in flats provided under a section 106 agreement.’
Nearly Legal, 12th February 2017
Source: www.nearlylegal.co.uk
‘A new law designed to help protect people renting homes from rogue landlords isn’t working, say MPs and housing lawyers.’
BBC News, 9th February 2017
Source: www.bbc.co.uk
‘We saw the Upper Tribunal take a new approach to determining whether the costs of improvement works, passed on through the service charge, were reasonably incurred. The UT held that particular consideration should have been given to the views of the leaseholders, whether they could be done more cheaply and the financial circumstances of the leaseholders.’
Nearly Legal, 5th February 2017
Source: www.nearlylegal.co.uk
‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’
Nearly Legal, 29th January 2017
Source: www.nearlylegal.co.uk
‘The Upper Tribunal has held, in dismissing the authority’s appeal, that a front entrance or communal door within a block of flats is not in disrepair merely because it has been modified or replaced. A door, which was designed to provide 20 or 30 minutes’ fire resistance, will only cease to be in repair if there is evidence, following an assessment by an expert in fire resistance, that the physical condition of the door is such that it is no longer able to provide the same fire resistance as when originally constructed.’
Arden Chambers, January 2017
Source: www.ardenchambers.com
‘As far as property guardians go, all the action seems to be taking place in Bristol. As well as the issues (and possession claim) noted here, there is a separate possession claim going on, with Camelot seeking possession against Greg Roynon, who was also living in one of the former nursing homes.’
Nearly Legal, 15th January 2017
Source: www.nearlylegal.co.uk
‘A judicial review in which two local authorities fought over which of them was gong to have to owe a housing duty to a homeless applicant. The central issue was whether, in the circumstances, Ealing could refuse a referral under the local connection provisions by RBK&C. However, the finding on ‘same facts’ second homeless applications has much broader application and should be taken note of by everyone.’
Nearly Legal, 15th January 2017
Source: www.nearlylegal.co.uk
‘The vexed issues of costs in service charge disputes rumble on. Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 0290 (LC) (our note) set out guidance for how and when rule 13 costs awards will be engaged and awarded in the First Tier Tribunal (for unreasonable conduct). But in this case, the landlord had been awarded 20% of their costs under a Rue 13 decision, but then sought to recover the full costs under a contractual entitlement to costs of an enforcement action under the lease, and sort the FTT’s determination of those as a variable administration charge.’
Nearly Legal, 9th January 2017
Source: www.nearlylegal.co.uk
‘A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough.’
Nearly Legal, 8th January 2017
Source: www.nearlylegal.co.uk
‘Leeds City Council is to seek permission from the Supreme Court to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’
Local Government Lawyer, 5th January 2017
source: www.localgovernmentlawyer.co.uk
‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’
Nearly Legal, 4th January 2017
Source: www.nearlylegal.co.uk
‘This post is my Christmas gift to land law students everywhere in the UK. It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to the Street v Mountford mantra that exclusive possession for a fixed term at a rent = tenancy.’
Nearly Legal, 29th December 2016
Source: www.nearlylegal.co.uk
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