rent – Current Awareness

Renters (Reform) Bill – overview Part 2 – Nearly Legal

Posted May 19th, 2023 in animals, bills, housing, landlord & tenant, leases, news, rent by tracey

‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’

Nearly Legal , 18th May 2023

Source: nearlylegal.co.uk

Rakusen v Jepsen: Sam Madge-Wyld comments on the decision – Tanfield Chambers

Posted March 30th, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by sally

‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’

Tanfield Chambers, 3rd March 2023

Source: www.tanfieldchambers.co.uk

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

Posted March 8th, 2023 in bills, government departments, housing, landlord & tenant, news, parliament, rent, repairs, 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.’

House of Commons Library, 7th March 2023

Source: commonslibrary.parliament.uk

New judgment: Rakusen v Jepsen and others [2023] UKSC 9 – UKSC Blog

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘This appeal is about Rent Repayment Orders. These are orders that can be made against landlords that have committed certain housing-related offences. They require a landlord to repay an amount of rent paid by a tenant (or pay to a local housing authority an amount of universal credit paid in respect of rent). The question which arises is whether they can only be made against a tenant’s immediate landlord, or whether they can be made against a landlord higher up in a chain of tenancies (e.g. the landlord of the tenant’s immediate landlord) – referred to as a “superior landlord”.’

UKSC Blog, 1st March 2023

Source: ukscblog.com

Rent Repayment Orders – just the immediate landlord – Nearly Legal

Posted March 6th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, statutory interpretation, Supreme Court by sally

‘The issue for the Supreme Court was whether the wording of section 40 and 41 Housing and Planning Act 2016 meant that a rent repayment order could be made against only a tenant’s immediate landlord, or also against a superior landlord (where the occupying tenant’s landlord themselves had a tenancy of the property) where that landlord had also committed a relevant offence.’

Nearly Legal, 5th March 2023

Source: nearlylegal.co.uk

Court bid to protect against ‘ghost landlords’ fails – BBC News

Posted March 3rd, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent, repairs, Supreme Court by sally

‘A legal bid to protect tenants from so called “ghost landlords” has failed, in a move that could have significant implications for people looking to claim their rent back if they live in bad conditions.’

BBC News, 2nd March 2023

Source: www.bbc.co.uk

Supreme Court rules rent repayment orders cannot be made against superior landlords – Local Government Lawyer

Posted March 2nd, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by tracey

‘The Supreme Court has upheld a Court of Appeal ruling that a rent repayment order cannot be made against a superior landlord.’

Local Government Lawyer, 1st March 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

Posted February 27th, 2023 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, rent, Supreme Court by sally

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

Local Government Lawyer, 24th February 2023

Source: www.localgovernmentlawyer.co.uk

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.’

Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by tracey

‘A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not clear or evidenced that the person received a rack rent.’

OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

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

Posted September 23rd, 2022 in coronavirus, government departments, homelessness, housing, landlord & tenant, news, rent, repossession by sally

‘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.’

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.’

BBC News, 21st September 2022

Source: www.bbc.co.uk

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

Nearly Legal, 28th 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.’

The Independent, 20th August 2022

Source: www.independent.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.’

Nearly Legal, 17th July 2022

Source: nearlylegal.co.uk

Affordability and intentional homelessness – assessments and guidance – Nearly Legal

Posted July 14th, 2022 in homelessness, housing, local government, news, rent, tax credits by tracey

‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’

Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

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

Posted July 8th, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, rent, repossession by sally

‘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.’

Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.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.’

Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer

Posted May 4th, 2022 in appeals, housing, landlord & tenant, local government, news, rent, Supreme Court by sally

‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’

Local Government Lawyer, 4th May 2022

Source: www.localgovernmentlawyer.co.uk

One in eight private rented homes poses ‘serious threat’ to occupants’ health, damning report finds – The Independent

Posted April 13th, 2022 in government departments, health & safety, housing, landlord & tenant, news, rent, repossession, select committees, statistics by tracey

‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’

The Independent, 13th April 2022

Source: www.independent.co.uk

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