‘Rogue landlords should face harsher consequences, including jail terms, to deter them from taking advantage of “vulnerable” renters, national bodies have said.’
The Independent, 19th September 2015
Source: www.independent.co.uk
‘The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage.’
Full story
Nearly Legal, 19th September 2015
Source: www.nearlylegal.co.uk
‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’
WLR Daily, 11th September 2015
Source: www.iclr.co.uk
‘In Freifeld v West Kensington Court Limited [2015] EWCA Civ 806, long-lessees had deliberately granted a future sub-lease of a commercial unit to a Chinese restaurant in breach of their alienation covenant not to sublet without landlord’s consent. An initial application for relief from forfeiture failed, because the tenants had wilfully breached their alienation covenant, and because there was an extensive history of neglectful management by the tenants of their obligations under the headlease. The judge concluded that the relationship between the tenants and their landlord had become dysfunctional and that it should not be re-imposed on the landlord by the grant of relief to the tenants.’
Full story
Tanfield Chambers, 21st August 2015
Source: www.tanfieldchambers.co.uk
‘Joint tenancy has been the only means of ownership of property at law since the Law of Property Act 1925 relegated tenancy in common to equitable ownership only. Despite the 90 years which have elapsed, joint ownership as it impacts on day to day management of residential leasehold property is not always understood. It is not uncommon, on an enfranchisement of a terraced house converted into two flats, for the freehold to be acquired by the two lessees jointly. What then? Must both decide on service charge expenditure together? What happens if one of the two refuses to join in, can the other sue? What if one of the two breaches their lease as leaseholder? These are issues which have often arisen in cases I have dealt with. The answers lie in an analysis of the trust law implications of joint ownership.’
Tanfield Chambers, 18th August 2015
Source: www.tanfieldchambers.co.uk
‘We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report.’
Nearly Legal, 3rd September 2015
Source: www.nearlylegal.co.uk
‘This was one of those rare cases where the facts just do not fit comfortably with the law.’
Full story
Hardwicke Chambers, 12th August 2015
Source: www.hardwicke.co.uk
‘It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants.’
Full story
Nearly Legal, 24th August 2015
Source: www.nearlylegal.co.uk
‘A High Court judge has rejected a judicial review challenge to Croydon Council’s decision to introduce a selective licensing scheme for the whole borough.’
Local Government Lawyer, 17th August 2015
Source: www.localgovernmentlawyer.co.uk
‘Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC). If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?’
Nearly Legal, 8th August 2015
Source: www.nearlylegal.co.uk
If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?
Nearly Legal, 9th August 2015
Source: www.nearlylegal.co.uk
‘A pilot scheme to force landlords to check the immigration status of prospective tenants has been a failure, the government’s own data suggests.’
The Guardian, 6th August 2015
Source: www.guardian.co.uk
‘County courts can order tenants on the small claims track (SCT) to pay more than the costs of issuing the claim, the Court of Appeal has ruled.’
Full story
Litigation Futures, 6th August 2015
Source: www.litigationfutures.com
‘A tenant who “wilfully” breached the conditions of his lease by sub-letting to an obnoxious sub-tenant without the consent of the ultimate landlord should not be forced to forfeit the lease immediately, the Court of Appeal has ruled.’
Full story
OUT-LAW.com, 5th August 2015
Source: www.out-law.com
‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
Full story
Nearly Legal, 3rd August 2015
Source: www.nearlylegal.co.uk
‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’
The Guardian, 3rd August 2015
Source: www.guardian.co.uk
‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’
Park Square Barristers, 15th July 2015
Source: www.parksquarebarristers.co.uk
‘By their very nature, mixed-use developments involve multiple parties with competing interests. This often leads to disputes regarding the management of the estate and the cost of maintaining it.’
Full story
Tanfield Chambers, 7th July 2015
Source: www.tanfieldchambers.co.uk
‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’
Tanfield Chambers, 18th June 2015
Source: www.tanfieldchambers.co.uk
‘As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years. The new lease normally now starts from the date of the court order. However there may be a gap between the expiry of the original lease and the start of, or as the case may be, the refusal of a new lease, a gap that may be significant in the case of a hotly contested case. During this interim period, the court can order that the tenant pay an interim rent to the landlord.’
New Square Chambers, 29th July 2015
Source: www.newsquarechambers.co.uk
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