What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by tracey

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

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Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal dismisses landlord’s appeal despite ‘serious procedural irregularity’ in rent repayment case – Law Society’s Gazette

Posted September 24th, 2024 in default judgments, landlord & tenant, news, rent, repayment by tracey

‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

A very unfit home – Circuit Judge decision on unfitness and damages. – Nearly Legal

‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’

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Nearly Legal, 15th September 2024

Source: nearlylegal.co.uk

Renters’ Rights Bill – the headlines Part 1 – Nearly Legal

Posted September 12th, 2024 in bills, houses in multiple occupation, landlord & tenant, news, rent, repossession by tracey

‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’

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Nearly Legal, 11th September 2024

Source: nearlylegal.co.uk

Bill to ban England and Wales landlords from rental bidding wars – The Guardian

Posted September 12th, 2024 in bills, landlord & tenant, news, rent by tracey

‘Landlords in England and Wales will be banned from renting out their properties for more than the advertised price under reforms set out by the government on Wednesday, as ministers seek to stop expensive bidding wars.’

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The Guardian, 11th September 2024

Source: www.theguardian.com

Whose landlord is this? Rent to Rent and Rent Repayment Orders again. – Nearly Legal

Posted September 10th, 2024 in landlord & tenant, news, rent, repayment by tracey

‘Kumar v Kolev & Ors (2024) UKUT 255 (LC). An Upper Tribunal appeal of a rent repayment order made by the FTT. At issue was whether Mr Kumar was the direct landlord of the applicant tenants. If he was not, then as per Rakusen v Jepsen (2023) UKSC 9 (our note), no RRO could be made against him.’

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Nearly Legal, 8th September 2024

Source: nearlylegal.co.uk

Rats, mould, damp: UK’s biggest student homes provider faces legal action over poor accommodation – The Guardian

Posted September 9th, 2024 in complaints, health, health & safety, housing, landlord & tenant, news, rent, universities by tracey

‘A tenants’ rights group is fighting for justice for residents of university halls who claim health affected by conditions.’

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The Guardian, 7th September 2024

Source: www.theguardian.com

Homes seized from landlord after complaints ignored – BBC News

Posted August 28th, 2024 in complaints, housing, landlord & tenant, local government, news, rent, repairs by tracey

‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’

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BBC News, 28th August 2024

Source: www.bbc.co.uk

Jurisdiction of the FTT on referrals of rent increases. – Nearly Legal

Posted August 20th, 2024 in appeals, housing, jurisdiction, landlord & tenant, news, rent, repossession, tribunals by tracey

‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’

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Nearly Legal, 19th August 2024

Source: nearlylegal.co.uk

Disrepair claims in the County Court – Becket Chambers

‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’

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Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

Housing case law update – June & July 2024 – Local Government Lawyer

‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Shared ownership, long leases and setting aside an order for possession – Local Government Lawyer

Posted July 10th, 2024 in leases, news, rent, repossession, setting aside by tracey

‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’

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Local Government Lawyer, 9th July 2024

Source: www.localgovernmentlawyer.co.uk

The Leasehold and Freehold Reform Act 2024 – Kingsley Napley Real Estate Law Blog

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘The Leasehold and Freehold Reform Act (“the Act”) became law on 24 May 2024. The Act aims to enhance the rights and benefits for homeowners in England. There is, however, debate as to potency of the Act given the absence of the proposed ground rent cap (which had been discussed for some time) and the failure to ban forfeiture of long residential leases.’

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Kingsley Napley Real Estate Law Blog, 5th June 2024

Source: www.kingsleynapley.co.uk

Leasehold and Freehold Reform Act becomes UK law but ‘further detail required’ – OUT-LAW.com

Posted June 6th, 2024 in bills, enfranchisement, leases, news, rent, service charges by sally

‘Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.’

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OUT-LAW.com, 5th June 2024

Source: www.pinsentmasons.com

No-fault evictions bill now unlikely to pass – BBC News

‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Bailiff evictions of renting households at six-year high, says MoJ – The Guardian

‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

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Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

Ground rent not legally or commercially necessary, says UK watchdog – The Guardian

Posted March 14th, 2024 in competition, consumer protection, leases, news, rent by sally

‘Britain’s competition watchdog has said ground rent is “neither legally nor commercially necessary” and that government may need to step in to protect consumers from soaring costs.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

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Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk