“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”
NearlyLegal, 9th November 2012
Source: www.nearlylegal.co.uk/blog/
“The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had not given the prescribed information as required by the Housing (Tenancy Deposits)(Prescribed Information) Order 2007. T allegedly fell into rent arrears and L sought possession. T counter-claimned on the basis of lack of compliance with the Prescribed Information Order. L admitted non-compliance with the Order but argued that the requirement was largely procedural, thjat the purpose of the legislation was to protect depisits (which had been done) and that T could have found out all he wanted to know from teh scheme administrator. The lower Court dismised T’s claim holding that information in the tenancy agreement coupled with the further information provided by L during the hearing was enough to comply with the requirements of the Order.”
NearlyLegal, 7th November 2012
Source: www.nearlylegal.co.uk
“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”
The Guardian, 30th October 2012
Source: www.guardian.co.uk
“Arthur Moore considers the liability of landlords in instances of fire damage.”
Hardwicke Chambers, 11th October 2012
Source: www.hardwicke.co.uk
“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”
NearlyLegal, 27th October 2012
Source: www.nearlylegal.co.uk
“Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?”
NearlyLegal, 24th October 2012
Source: www.nearlylegal.co.uk
“The appeal in Beitov Properties Ltd v Elliston Bentley Martin [2012] UKUT 133 (LC) highlights three issues for landlords: compliance with s47 of the Landlord & Tenant Act 1987, remedying non-compliance, and the Leasehold Valuation Tribunal’s procedure and jurisdiction.”
Hardwicke Chambers, 12th October 2012
Source: www.hardwicke.co.uk
“The repairing obligations imposed on the landlord of a ‘dwelling-house’ by s.11(1) of the Landlord and Tenant Act 1985 are well known: the landlord must keep in repair the structure and exterior of the dwelling-house, as well as the installations within it.”
Hardwicke Chambers, 11th August 2012
Source: www.hardwicke.co.uk
“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”
WLR Daily, 10th October 2012
Source: www.iclr.co.uk
“There is, it is fair to say, a degree of inconsistency in the approach and practice of LVTs up and down the country. In particular, some LVT members seem to see it as part of their role to act as quasi-audit bodies, looking into all aspects of the landlord’s practice and procedure to see if they can uncover any wrongdoing. It’s very frustrating, both for landlords and tenants and is one of the reasons for the increasingly ‘lawyerly’ approach of landlords (e.g. instructing solicitors and counsel).”
NearlyLegal, 6th October 2012
Source: www.nearlylegal.co.uk
“Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate.”
NearlyLegal, 6th October 2012
Source: www.nearlylegal.co.uk
“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”
Hardwicke Chambers, 13th September 2012
Source: www.hardwicke.co.uk
“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”
NearlyLegal, 23rd September 2012
Source: www.nearlylegal.co.uk
“An unlawful eviction case with some unusual dramatis personae.”
Nearly-Legal, 11th September 2012
Source: www.nearlylegal.co.uk/blog/
” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”
Nearly-Legal, 11th September 2012
Source: www.nearlylegal.co.uk/blog/
“The UK Border Agency (UKBA) has contributed to new guidance to help local authorities deal with rogue landlords and the issue of migrants living in illegally-built outhouses known as ‘beds in sheds’.”
Home Office, 31st August 2012
Source: www.homeoffice.gov.uk
“With the new legislation criminalising squatting due to come into force at the weekend (presumably to catch out those sunday morning squatters!) the Ministry of Justice has issued a circular to Judges, Courts, and the Police.”
NearlyLegal, 31st August 2012
Source: www.nearlylegal.co.uk/blog
“Lawyers have branded as ‘headline-grabbing’ and unnecessary the introduction of a new criminal offence of squatting, warning that it could harm vulnerable people. But the government is unrepentant, declaring that the move signals the end of ‘squatters’ rights’.”
Law Society’s Gazette, 31st August 2012
Source: www.lawgazette.co.uk
“Homeowners are to receive better protection as squatting in residential buildings becomes a criminal offence for the first time in England and Wales from tomorrow, 1 September, Justice Minister Crispin Blunt said.”
Ministry of Justice, 31st August 2012
Source: www.justice.gov.uk
© Inner Temple Library 2024