Ombudsman finds severe maladministration at housing association over failings in response to silverfish infestation – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at housing association Metropolitan Thames Valley (MTVH) over its failings in responding to a silverfish infestation at a resident’s flat.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Rent Repayment Orders in the Upper Tribunal – Nearly Legal

Posted July 18th, 2022 in housing, landlord & tenant, news, rent, tribunals by tracey

‘A few Upper Tribunal appeals on rent repayment orders, in particular on the level of award, conduct and mitigating factors.’

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Nearly Legal, 17th July 2022

Source: nearlylegal.co.uk

Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by tracey

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

New measures in Leicester to tackle rogue landlords – BBC News

Posted July 13th, 2022 in consultations, housing, landlord & tenant, licensing, local government, news by tracey

‘New licensing measures are being introduced in parts of Leicester to help tackle rogue landlords, the city council said.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by tracey

‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’

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House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

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The Guardian, 26th June 2022

Source: www.theguardian.com

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by tracey

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

Posted June 20th, 2022 in appeals, covenants, damages, housing, injunctions, landlord & tenant, news, repossession by tracey

‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Management transfers and public functions: R(TRX) v Network Homes – Nearly Legal

Posted June 20th, 2022 in domestic violence, equality, housing, judicial review, landlord & tenant, news by tracey

‘This judicial review of R(TRX) v Network Homes (2022) EWHC 456 (Admin) CO/3538/2021 is a useful restatement of the principles which apply in determining when decisions of Private Registered Providers of social housing (Housing Associations) can be judicially reviewed. The case concerned an application for a management transfer following threats of domestic abuse made to the Claimant, TRX, by X, her former partner. The Claimant brought 6 grounds of review after her request for a management transfer was refused by the Defendant. ‘

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

No-fault evictions and bans on social services tenants to be outlawed in England – The Guardian

Posted June 16th, 2022 in health & safety, housing, landlord & tenant, news, social security by sally

‘Measures to tackle unscrupulous private landlords who evict tenants without giving a reason or who let unsafe homes, will be introduced under government proposals aimed at giving a better deal for millions of renters in England.’

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The Guardian, 15th June 2022

Source: www.theguardian.com

Landlord jailed for 12 months over illegal eviction of tenant – Local Government Lawyer

Posted June 14th, 2022 in harassment, landlord & tenant, local government, news, sentencing by sally

‘A Peterborough landlord has been sentenced to 12 months imprisonment for the illegal eviction and harassment of a private tenant, following a prosecution brought by Peterborough City Council.’

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Local Government Lawyer, June 2022

Source: www.localgovernmentlawyer.co.uk

Millions invested to help people facing eviction or repossession – Ministry of Justice

‘More people will get access to free expert legal advice to give them the best chance of keeping their home when they fall into difficult financial times, backed by over £10 million of extra funding injected into housing legal aid every year.’

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Ministry of Justice, 31st May 2022

Source: www.gov.uk

Stockwell tenant jailed for murdering couple during lockdown – BBC News

‘A man who stabbed his two landlords to death during the first lockdown has been jailed for life.’

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BBC News, 28th May 2022

Source: www.bbc.co.uk

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Stockwell tenant guilty of murdering couple during lockdown – BBC News

Posted May 20th, 2022 in coronavirus, landlord & tenant, murder, news by sally

‘A man who stabbed his landlords to death during the first national lockdown has been convicted of murder.’

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BBC News, 19th May 2022

Source: www.bbc.co.uk

Landlord loses court battle with local authority over costs agreement reached by his counsel – Local Government Lawyer

‘A cost agreement cannot be undone simply because one party claimed to have stopped instructing the barrister concerned.’

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Local Government Lawyer, 19th May 2022

Source: www.localgovernmentlawyer.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

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Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk