Housing case law update – October 2022 – Local Government Lawyer

Posted November 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘Natalie Hurst and Paul Lloyd analyse recent housing law judgments of interest to local authorities and housing associations.’

Full Story

Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Landlord was warned of mould that killed toddler in Rochdale flat – The Guardian

‘A health visitor wrote to housing officials expressing concern about conditions in a rented flat months before a two-year-old died after his exposure to mould.’

Full Story

The Guardian, 8th November 2022

Source: www.theguardian.com

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

Full Story

Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted October 25th, 2022 in bills, consultations, housing, landlord & tenant, news, repossession by sally

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers developments to date.’

Full Story

House of Commons Library, 24th October 2022

Source: commonslibrary.parliament.uk

No cause of action at common law for wrongful eviction – Nearly Legal

Posted October 17th, 2022 in company law, housing, insolvency, landlord & tenant, liquidators, news, repossession by sally

“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”

Full Story

Nearly Legal, 16th October 2022

Source: nearlylegal.co.uk

Council makes its first Interim Management Order to take over running of HMO following failings of landlord – Local Government Lawyer

‘Coventry City Council has made its first Interim Management order following what it described as a landlord’s “persistent failure” to licence a House in Multiple Occupation (HMO) in the area.’

Full Story

Local Government Lawyer, 11th October 2022

Source: www.localgovernmentlawyer.co.uk

Domestic abuse survivors at risk from councils’ failure to rehouse them – The Guardian

‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’

Full Story

The Guardian, 23rd September 2022

Source: www.theguardian.com

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

Full Story

Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Surge in ‘no-fault evictions’ prompts calls to renew UK-wide ban – The Guardian

‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’

Full Story

The Guardian, 22nd September 2022

Source: www.theguardian.com

Energy bills: New law will force landlords to pass on £400 rebate – BBC News

Posted September 22nd, 2022 in energy, landlord & tenant, news, rent by sally

‘Landlords will be forced through legislation to pass on the £400 energy rebate to tenants with all-inclusive bills, the government says.’

Full Story

BBC News, 21st September 2022

Source: www.bbc.co.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

Full Story

Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Council succeeds in part over whether landlords were “fit and proper” – Local Government Lawyer

Posted September 15th, 2022 in fraud, housing, landlord & tenant, licensing, local government, news by tracey

‘A London borough has won on two limited points out of four grounds on which it appealed in a case over whether landlords were “fit and proper”.’

Full Story

Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Tenant successfully defends unlawful subletting case brought by London borough: report – Local Government Lawyer

Posted September 14th, 2022 in housing, landlord & tenant, local government, news by tracey

‘The London Borough of Lambeth has lost a case in which it thought a woman was illegally sub-letting a one-bed studio council flat.’

Full Story

Local Government Lawyer, 13th September 2022

Source: www.localgovernmentlawyer.co.uk

Will Plans To End ‘No Fault’ Evictions Make A Difference? – Each Other

Posted August 23rd, 2022 in housing, landlord & tenant, news, repossession by sally

‘New measures outlined by the government will ban private landlords from issuing “no fault” evictions. The latest government statistics show that the number of tenants evicted by their landlords has more than tripled since this time last year. The homeless charity, Crisis has said “no fault” evictions where landlords do not have to establish a fault on the part of the person renting their property, have risen by 52% in the last three months.’

Full Story

Each Other, 22nd August 2022

Source: eachother.org.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

Full Story

Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Government to make it easier for landlords to evict people who fall behind on rent – The Independent

Posted August 22nd, 2022 in bills, government departments, housing, landlord & tenant, news, rent, repossession by tracey

‘Housing campaigners have sounded the alarm over government plans to make it easier for landlords to evict tenants who fall behind on their rent. The government wants to change the law so that evictions can take place if someone repeatedly falls into arrears – even if they catch up on payments.’

Full Story

The Independent, 20th August 2022

Source: www.independent.co.uk

Landlord ordered to pay £40k in fine and costs for breaches of property licensing conditions – Local Government Lawyer

‘A London landlord who repeatedly failed to comply with licensing regulations, including refusal to provide a kitchen for a tenant, has been ordered to pay £40,000 in fine and costs.’

Full Story

Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk