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

Not just any contract… – New Law Journal

Posted November 29th, 2016 in appeals, contracts, drafting, news, rent, Supreme Court by sally

‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’

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New Law Journal, 25th November 2016

Source: www.newlawjournal.co.uk

In residence – New Law Journal

Posted November 22nd, 2016 in covenants, hotels, housing, leases, news, rent, tribunals by sally

‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

New-build ground rent scandal could spark legal battles – The Guardian

Posted November 21st, 2016 in conveyancing, negligence, news, rent, solicitors by sally

‘With thousands of homebuyers caught out by rapidly rising rents, the solicitors they used may face claims of professional negligence.’

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The Guardian, 19th November 2016

Source: www.guardian.co.uk

If it ain’t broke – Hardwicke Chambers

Posted November 9th, 2016 in landlord & tenant, leases, news, rent by sally

‘The interplay between tenants’ rent obligations and their ability to break the term of their leases has for a number of years been a topic which has been of considerable interest to practitioners advising both either landlords or tenants. Two cases in particular will have been high on the radar in advising clients both before and after the exercise of a break clause.’

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Hardwicke Chambers, 12th October 2016

Source: www.hardwicke.co.uk

In the Tribunals… – Nearly Legal

Posted October 10th, 2016 in costs, landlord & tenant, news, rent, service charges by sally

‘Ms K had a weekly tenancy of a flat (initially her daughter’s flat but assigned to her in 2014 by mutual exchange). The tenancy agreement provided for the payment of rent and also a weekly payment for service charge, originally £14.60. In 2015 the service charge was raised to £16.22. The tenancy agreement specified payment of the service charge but the space for the services to be provided was left blank.’

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Nearly Legal, 10th October 2016

Source: www.nearlylegal.co.uk

Men sentenced over illegal supply of migrant workers in East Anglia – The Guardian

‘Two brothers who acted as illegal gangmasters in Wisbech have been given two-year prison sentences suspended for two years at Cambridge crown court.’

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The Guardian, 13th September 2016

Source: www.guardian.co.uk

Councils warned to expect large number of appeals over “pay to stay” – Local Government Lawyer

Posted August 31st, 2016 in appeals, housing, local government, news, rent by sally

‘Councils can expect costly challenges and appeals as more than 70,000 social housing tenants face £1,000 a year average rent rises under the ‘pay to stay’ regime.’

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Local Government Lawyer, 30th August 2016

Source: www.localgovernmentlawyer.co.uk

Barristers still face flexible working penalty – The Bar Council

Posted August 2nd, 2016 in barristers, equality, flexible working, press releases, rent, women by tracey

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 1st August 2016

Source: www.barcouncil.org.uk

Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

Wrong warrants? Issues in N325 compliance – Nearly Legal

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

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Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

Rent increases and rent lawfully due – Nearly Legal

Posted June 23rd, 2016 in landlord & tenant, news, rent by sally

‘A few years ago now, I was instructed by Luton Law Centre in a series of possession cases brought by BPHA (a housing association) in Luton and Bedford County Courts. The claims were all for rent arrears, brought variously on Housing Act (HA) 1988 Sch 2 Grounds 8, 10 and 11. Their common feature was that, in all of them, BPHA had (apparently unwittingly) been raising the rent in breach of the terms.’

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Nearly Legal, 22nd June 2016

Source: www.nearlylegal.co.uk

From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

Is there a human right to the city? Rethinking the politics of rights – OUP Blog

Posted June 9th, 2016 in housing, human rights, local government, news, rent by sally

‘What gives you the right? We are familiar with rights claiming, it comes easily to our lips when we believe we are entitled to something—to respect, to our fair share. Rights are fighting words. We invoke them when we have been wronged, when a situation has become intolerable. Rights claims are a way of fighting for control.’

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OUP Blog, 9th June 2016

Source: www.blog.oup.com