Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by tracey

‘Or, the significance of tenancy agreement clauses.’

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Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Universal Credit – more woes – Nearly Legal

Posted November 2nd, 2018 in benefits, housing, leases, mesne profits, news, regulations, rent by sally

‘The Universal Credit Regulations 2013 contain certain exclusions from the housing element of Universal Credit.’

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Nearly Legal, 1st November 2018

Source: nearlylegal.co.uk

Plans to stop house buyers being ‘exploited’ by ripoff leases delayed, almost a year after government promise – The Independent

Posted October 15th, 2018 in consultations, housing, leases, news, rent by tracey

‘Flagship plans to stop house buyers being “exploited” by ripoff leases have been delayed, nearly a year after the government vowed to act.’

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The Independent, 14th October 2018

Source: www.independent.co.uk

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

When a long lease is a shorthold – Nearly Legal

Posted September 18th, 2018 in landlord & tenant, leases, news, rent by sally

‘While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked.’

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Nearly Legal, 16th September 2018

Source: nearlylegal.co.uk

No-fault evictions making hundreds of families homeless each week – The Guardian

Posted August 21st, 2018 in homelessness, landlord & tenant, news, rent, repossession by sally

‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’

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The Guardian, 18th August 2018

Source: www.theguardian.com

A treatise in defence of ground rents – Hardwicke Chambers

Posted June 19th, 2018 in leases, news, rent by sally

‘On 14 April, Guy Fetherstonhaugh QC’s EG column, “What on earth is ground rent for?”, set out why, in his view, there were many good reasons to abolish “pointless” ground rent on new leases, writes Simon Allison.’

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Hardwicke Chambers, 12th June 2018

Source: www.hardwicke.co.uk

A “festival of mendacity”; telling the truth no more than a “lifestyle choice” – UK Human Rights Blog

Posted May 29th, 2018 in deceit, news, perjury, rent by sally

‘Judges go about saying people are lying in different ways, from the tip-toeing around the idea of deceit to the full-blooded blast. This judgment, and that from which it is an appeal, are towards the latter end of the spectrum.’

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UK Human Rights Blog, 25th May 2018

Source: ukhumanrightsblog.com

False promises and penury: still no sign of surrender in the credit hire war – Zenith PI

Posted May 17th, 2018 in appeals, consumer credit, insurance, news, rent by tracey

‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’

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Zenith PI, 15th May 2018

Source: zenithpi.wordpress.com

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by tracey

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Protection from prosecution for unlawful subletting at Grenfell Tower – Attorney General’s Office

‘Guidance has been issued to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’

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Attorney General's Office, 2nd July 2017

Source: www.gov.uk

Grenfell Tower fire: No prosecutions for subletting of flats, government promises – BBC News

Posted July 3rd, 2017 in fire, health & safety, leases, local government, news, prosecutions, rent by tracey

‘No-one will be prosecuted for illegally subletting a Grenfell Tower flat, the government says, as work continues to identify all those killed in the fire.’

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BBC News, 2nd July 2017

Source: www.bbc.co.uk

In re Amin Abdulla v Whelan and others – WLR Daily

Posted April 27th, 2017 in bankruptcy, landlord & tenant, law reports, leases, rent by sally

In re Amin; Abdulla v Whelan and others [2017] EWHC 605 (Ch)

‘At the time of a bankruptcy order made against him, the bankrupt held a property with another person under the terms of an underlease for a term expiring on 31 July 2018. The trustee in bankruptcy served a notice of disclaimer under section 315 of the Insolvency Act 1986 disclaiming all of its and the bankrupt’s interest in the leasehold property under the terms of the underlease. The trustee, supported by the landlords, contended that the notice of disclaimer did not end the legal estate in the underlease and that the bankrupt’s estate remained liable for the payment of the rent until the expiry of its term. A person claiming to be one of the bankrupt’s creditors contended that the notice of disclaimer disclaimed all of the bankrupt’s interest in the underlease and that the bankrupt’s estate was liable for no further rent after the disclaimer. Judgment was given in favour of the trustee and landlords.’

WLR Daily, 20th April 2017

Source: www.iclr.co.uk

Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

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Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk

Water and youth – Nearly Legal

Posted April 18th, 2017 in housing, landlord & tenant, local government, news, rent, water, young persons by sally

‘First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the Council agreeing to repay overcharged water rates for the period 2001-2013 to the tenants. (Our thanks to Serdar Celebi, Cambridge House Law Centre and Tim Baldwin, Garden Court Chambers for the note).’

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Nearly Legal, 16th April 2017

Source: www.nearlylegal.co.uk

Court of Appeal rules against twin sisters over occupation of council flat – Local Government Lawyer

Posted March 29th, 2017 in appeals, landlord & tenant, local government, news, rent, repossession by sally

‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’

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Local Government Lawyer, 29th March 2017

Source: www.localgovernment.co.uk

Works and quiet enjoyment – Nearly Legal

Posted January 5th, 2017 in construction industry, covenants, landlord & tenant, leases, news, noise, rent by tracey

‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’

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Nearly Legal, 4th January 2017

Source: www.nearlylegal.co.uk

The new era of housebuilding needs new property laws – The Guardian

Posted December 5th, 2016 in enfranchisement, leases, news, rent by sally

‘Leasehold houses aren’t the only problem area – apartment buyers need help too.’

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The Guardian, 3rd December 2016

Source: www.guardian.co.uk