Rent Repayment Orders – who is the landlord? – Nearly Legal

Posted September 17th, 2019 in housing, landlord & tenant, licensing, news, rent by tracey

‘Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision). This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an application for a licence actually made by a landlord. Second, who should a rent repayment order be made against where the ostensible landlord is a company, but the property is owned by the sole director of the company.’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Landlords charge ‘pet rent’ to recoup losses after ban on unfair fees – The Guardian

Posted September 4th, 2019 in animals, fees, landlord & tenant, news, rent by sally

‘Landlords are charging “pet rent” running into hundreds of pounds a year in an attempt to recoup losses from a ban on unfair letting fees enforced by the government this summer.’

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The Guardian, 3rd September 2019

Source: www.theguardian.com

Farewell to the Assured Shorthold Tenancy – Tanfield Chambers

Posted September 4th, 2019 in consultations, landlord & tenant, news, rent by sally

‘The Government is proposing to abolish Assured Shorthold Tenancies in order to stop “no fault” evictions. In this article I summarise the proposals in the Consultation Paper on which views are sought. This article was published in the Estates Gazette on 5th August 2019.’

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Tanfield Chambers, 20th August 2019

Source: www.tanfieldchambers.co.uk

JusticeWatch: Growing ‘justice gap’ in discrimination cases – Legal Voice

‘Victims of discrimination were being denied access to justice and offenders going unchallenged as a result of a ‘failing’ legal aid system, as reported in the Justice Gap.’

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Legal Voice, 21st June 2019

Source: legalvoice.org.uk

Supreme Court quashes decision to declare mother ‘intentionally homeless’ – UK Human Rights Blog

Posted June 21st, 2019 in benefits, homelessness, housing, local government, news, rent, Supreme Court by tracey

‘Samuels v Birmingham City Council [2019] UKSC 28. In unanimously allowing an appeal against a decision to declare the appellant intentionally homeless due to her inability to pay her rent, the Supreme Court affirmed that non-housing benefits are not designed to create a surplus that can be used to account for insufficient housing benefits.’

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UK Human Rights Blog, 18th June 2019

Source: ukhumanrightsblog.com

Businessman was forced to live in a pigsty after he accused his partner of affair, court hears – Daily Telegraph

Posted June 20th, 2019 in compensation, divorce, families, financial dispute resolution, housing, news, rent by tracey

‘A businessman was forced to live in a pigsty after he accused his ex partner of having an affair, a court has heard.

The pigsty was in the grounds of the £1m home in Upminster, Essex, and he told Central London County Court that his ex partner of 37 years excluded him from the house.
The couple, who have two children, ended up in court after he launched a claim to claim money from her for the time he spent living out of the home.’

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Daily Telegraph, 19th June 2019

Source: www.telegraph.co.uk

Reasonable Expenses and intentional homelessness – Nearly Legal

‘Samuels v Birmingham City Council (2019) UKSC 28. The Supreme Court, finally, has delivered its judgment on the issue of the assessment of “reasonable expenses” when considering the affordability of rent in homelessness decisions.’

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Nearly Legal, 16th June 2019

Source: nearlylegal.co.uk

Supreme court rules in favour of single mother declared ‘intentionally homeless’ – The Guardian

Posted June 13th, 2019 in homelessness, housing, local government, news, rent by sally

‘The supreme court has ordered a council to reconsider its decision to declare a single mother of four to be “intentionally homeless” because she was unable to afford the rent.’

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The Guardian, 12th June 2019

Source: www.theguardian.com

Sectoral Regulation Without Section 21 – Nearly Legal

‘One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool which encouraged, or compelled, landlord compliance. Or will it have little practical effect.’

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Nearly Legal, 29th April 2019

Source: nearlylegal.co.uk

Tribunal unable to impose new Code agreement over occupied site – OUT-LAW.com

‘The Upper Tribunal (Lands Chamber) has no jurisdiction to impose rights under the Electronic Communications Code (‘the Code’) in favour of an operator of telecommunications equipment, where a third party is currently occupying the land, it has concluded.’

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OUT-LAW.com, 8th April 2019

Source: www.out-law.com

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

‘Right to Rent’ checks breach human rights – High Court – BBC News

‘Rules aimed at preventing illegal immigrants from renting properties are “discriminatory” and breach human rights laws, the High Court has ruled.’

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BBC News, 1st March 2019

Source: www.bbc.co.uk

Students banned from accessing university emails for failing to pay rent, going against CMA rules – Daily Telegraph

‘Students have been banned from accessing university emails and shut out from campus libraries after failing to pay rent, it has been revealed. Undergraduates at the University of Liverpool who live in university-owned accommodation and are unable to pay their rent on time are being handed “academic sanctions”, contrary to Competition and Markets Authority rules.’

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Daily Telegraph, 16th January 2019

Source: www.telegraph.co.uk

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

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Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

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