Category: landlord & tenant

The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

Posted November 17th, 2014 in care homes, compensation, complaints, consultations, employment, employment tribunals, landlord & tenant, news, rent, time limits, transfer of undertakings by sally

‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’

Full story (PDF)

Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

Posted November 12th, 2014 in confiscation, enforcement notices, landlord & tenant, local government, news, planning, prosecutions by sally

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

Full story

Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

Rooting out heresy – NearlyLegal

Posted November 5th, 2014 in appeals, landlord & tenant, leases, news, repairs by sally

This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now.

Full story

NearlyLegal, 5th November 2014

Source: www.nearlylegal.co.uk

Outlaw ‘revenge evictions’ by landlords, says housing charity – The Guardian

Posted October 27th, 2014 in appeals, complaints, consumer protection, housing, landlord & tenant, news, repossession by sally

‘Shelter, the housing charity, is calling for a ban on “revenge evictions”, which it says are being carried out by bad landlords on tenants who dare to complain about inadequate conditions or ask for repairs to be made.’

Full story

The Guardian, 25th October 2014

Source: www.guardian.co.uk

A guide to the Defective Premises Act 1972 (the DPA) – Zenith PI Blog

Posted October 21st, 2014 in defective premises, landlord & tenant, legislation, news, personal injuries by sally

‘The DPA 1972 is an important, but often misunderstood, piece of legislation within personal injury.’

Full story

Zenith PI Blog, 17th October 2014

Source: www.zenithpi.wordpress.com

Teather’s Tether – Will the Tenancies (Reform) Bill be a sticker? – Zenith Chambers

Posted September 24th, 2014 in bills, housing, landlord & tenant, news, utilities by sally

‘Aided by a campaign from Shelter to put an end to “retaliatory eviction” in the private rented sector, Sarah Teather MP introduced a private members bill on 3rd July 2014. This is to address the situation where a tenant, making a legitimate complaint that rented premises are in a state of disrepair, is immediately met with a s. 21 notice and the accelerated procedure for possession. Rather than face up to their responsibilities, or risk a challenge in rent possession proceedings by way of defence and counterclaim for damages for disrepair, unscrupulous landlords choose simply to evict the tenant using the swift and final “no fault” route to possession.’

Full story (PDF)

Zenith Chambers, 12th September 2014

Source: www.zenithchambers.co.uk

Retaliatory Eviction and Law Reform – NearlyLegal

Posted September 15th, 2014 in bills, complaints, health & safety, housing, landlord & tenant, news, repossession by sally

‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’

Full story

NearlyLegal, 11th September 2014

Source: www.nearlylegal.co.uk/blog/

Right to rent: landlords’ code of practice – Home Office

Posted September 5th, 2014 in codes of practice, landlord & tenant by sally

‘Guidance for landlords affected by the introduction of right to rent checks.’

Full code of practice

Home Office, 3rd September 2014

Source: www.gov.uk/home-office

Landlord Immigration Checks from 1 December – NearlyLegal

Posted September 4th, 2014 in codes of practice, immigration, landlord & tenant, news, pilot schemes, vetting by sally

‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’

Full story

NearlyLegal, 3rd September 2014

Source: www.nearlylegal.co.uk

Housing experts call for clampdown on rogue landlords – BBC News

Posted September 1st, 2014 in housing, landlord & tenant, news, rent, standards by sally

‘Housing experts have called for minimum standards to be better enforced in the private rental market to stop landlords exploiting vulnerable tenants.’

Full story

BBC News, 30th August 2014

Source: www.bbc.co.uk

Landlord fined for renting room that could only be entered on all fours – The Guardian

Posted August 22nd, 2014 in environmental health, fines, landlord & tenant, news by sally

‘Barnet council took the landlord of a house in Sunningfields Road, Hendon, to court after discovering he was renting a room which could not be accessed standing up. The head height along the course of the staircase was between 0.7m (27.5 inches) and 1.2m (47 inches) high and the door to the room was also reduced in size.’

Full story

The Guardian, 22nd August 2014

Soource: www.guardian.co.uk

Costs and forfeiture – NearlyLegal

Posted August 21st, 2014 in costs, forfeiture, landlord & tenant, news, tribunals by sally

‘Barrett v Robinson [2014] UKUT 322 (LC) is very, very important decision on costs from the Upper Tribunal (Lands Chamber).’

Full story

NearlyLegal, 21st August 2014

Source: www.nearlylegal.co.uk/blog/

Indecent homes and major works charges – NearlyLegal

Posted August 13th, 2014 in landlord & tenant, news, repairs, service charges by sally

‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’

Full story

NearlyLegal, 12th August 2014

Source: www.nearlylegal.co.uk

The strike down of Superstrike: Where are we now with tenancy deposits? – Hardwicke Chambers

Posted August 7th, 2014 in deposits, housing, landlord & tenant, news by sally

‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’

Full story

Hardwicke Chambers, 6th August 2014

Source: www.hardwicke.co.uk

Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

Full story

Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

Spencer v Taylor- Some Analysis – NearlyLegal

Posted August 4th, 2014 in appeals, landlord & tenant, news, notification, repossession, Supreme Court by sally

‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Wiggins v Regent Wealth Ltd and others – WLR Daily

Posted August 1st, 2014 in enfranchisement, land registration, landlord & tenant, law reports, leases, news by sally

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Posted July 23rd, 2014 in enfranchisement, landlord & tenant, law reports, leases, subsidiary companies by michael

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch);  [2014] WLR (D)  330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Property owner liable for business rates when property fell unoccupied following liquidation of tenants, rules High Court – OUT-LAW.com

Posted July 17th, 2014 in appeals, landlord & tenant, local government, news, rates by sally

‘A property fund group face a near £600,000 business rates bill in Birmingham after the council in the area won a High Court ruling relating to liability for business rates due following liquidation of the tenants of a property in the city.’

Full story

OUT-LAW.com, 16th July 2014

Source: www.out-law.com