‘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
‘A London landlord has been convicted for property offences seven times but believes she is the victim, not her tenants.’
The Guardian, 23rd July 2015
Source: www.guardian.co.uk
‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’
Family Law Week, 8th July 2015
Source: www.familylawweek.co.uk
‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’
Nearly Legal, 29th June 2015
Source: www.nearlylegal.co.uk
‘Landlords in England will be responsible for spotting illegal tenants ‘from September’ after a trial in the West Midlands results in fines.’
Daily Telegraph, 27th June 2015
Source: www.telegraph.co.uk
Southward Housing Co-operative Ltd v Walker and others [2015] EWHC 1615 (Ch); [2015] WLR (D) 246
‘The rule that it was beyond the power of the landlord and the tenant to create a term which was uncertain did not depend for its application on the parties’ intentions; but might be disapplied where those intentions and fundamental aspects of their agreement would be confounded by it.’
WLR Daily, 8th June 2015
Source: www.iclr.co.uk
‘Lease provisions that would ultimately increase service charges payable by the tenants of a number of holiday homes near Swansea to more than £1 million a year should be allowed to stand, the UK’s highest court has ruled.’
Full story
OUT-LAW.com, 11th June 2015
Source: www.out-law.com
‘The Queen’s speech, which announces the Government’s agenda for the next five years, would not be the same without some proposals on immigration reform. We were not let down and the plan of attack will be a new Immigration Bill which will focus on illegal workers, overstayers and rogue employers.’
Halsbury’s Law Exchange, 3rd June 2015
Source: www.halsburyslawexchange.co.uk
‘Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.’
Local Government Lawyer, 12th May 2015
Source: www.localgovernmentlawyer.co.uk
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