Government to protect commercial tenants from eviction if they miss rent payments over coronavirus outbreak –

‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’

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Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk

Housing associations under pressure to offer Covid-19 rent holidays – The Guardian

Posted March 18th, 2020 in coronavirus, health, housing, landlord & tenant, news, rent, repossession by sally

‘Housing associations are under pressure to offer rent holidays after only one pledged not to evict any tenant in arrears due to self-isolating because of the coronavirus.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Is a Section 8 notice on rent arrears a demand for rent? – Nearly Legal

‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’

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Nearly Legal, 8th March 2020

Source: nearlylegal.co.uk

Curing defects in section 8 notices seeking possession – what is the test? – St Ives Chambers

Posted February 26th, 2020 in chambers articles, housing, landlord & tenant, news, rent, repossession by sally

‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’

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St Ives Chambers, 20th February 2020

Source: www.stiveschambers.co.uk

You know what I mean – Errors in section 8 notices – Nearly Legal

Posted February 24th, 2020 in appeals, housing, landlord & tenant, news, notification, rent, repossession by sally

‘Does an error in a section 8 notice – in this case specifically as to the earliest date on which possession proceedings can begin – invalidate the notice?’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

Case Comment: The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd) [2019] UKSC 46 – UKSC Blog

Posted February 24th, 2020 in appeals, canals, forfeiture, leases, news, rent, Supreme Court by sally

‘In this case comment, Michael Cox of CMS comments on the judgment handed down in the matter of The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd) [2019] UKSC 46. Michael is a senior associate in the Real Estate Dispute team at CMS. Michael advises on all aspects of property law, with a particular emphasis on development advice and dispute resolution.’

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UKSC Blog, 21st February 2020

Source: ukscblog.com

Wellbeing and cost of practice worrying barristers – Legal Futures

Posted January 22nd, 2020 in barristers, mental health, news, rates, rent, standards, statistics by sally

‘Experienced barristers are largely confident for their own futures but face challenges around wellbeing, the rising cost of doing business and the late payment of fees, a major survey has found.’

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Legal Futures, 20th January 2020

Source: www.legalfutures.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

When to disapply subordinate legislation – Law Society’s Gazette

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

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Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Director of lettings and property management agency jailed for two years over £230k fraud – Local Government Lawyer

Posted December 19th, 2019 in company directors, deposits, fraud, landlord & tenant, news, rent, sentencing by sally

‘The director of a lettings and property management agency who defrauded more than £230,000 from the landlords and tenants that were his clients has received a two-year prison sentence, following an investigation by Southampton City Council’s Trading Standards Service.’

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Local Government Lawyer, 19th December 2019

Source: www.localgovernmentlawyer.co.uk

FTT fails natural justice on tenant’s RRO application – Nearly Legal

Posted December 6th, 2019 in houses in multiple occupation, licensing, news, rent, repayment by sally

‘In which the Upper Tribunal gives the First Tier Tribunal a thorough ticking off over its decision on a rent repayment order application.’

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Nearly Legal, 5th December 2019

Source: nearlylegal.co.uk

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by tracey

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

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Nearly Legal, 1st December 2019

Source: nearlylegal.co.uk

Samuel Parsons considers the recent decision of ICC Judge Barber in Re London Bridge Entertainment Partners LLP (in administration) – Guildhall Chambers

Posted November 26th, 2019 in administrators, deposits, expenses, news, rent by sally

‘Insolvency and Companies Court (ICC) Judge Barber held that the Lundy Granite principle does not extend to an obligation to ‘top up’ a rent deposit fund, where sums had been withdrawn from the fund to pay rent. Re London Bridge Entertainment Partners shows how seemingly immaterial business decisions made when an entity is solvent will be thrown into relief when the same entity becomes insolvent. Here, the decision to ‘pay first, ask questions later’ from the deposit fund meant that the landlord effectively lost its priority ranking in respect of those rent payments; a priority it could otherwise have been entitled to. The case also demonstrates that the ambit of provable debts will continue to be construed broadly, while the category of administration expenses will be narrowly construed. Written by Samuel Parsons, barrister at Guildhall Chambers.’

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Guildhall Chambers, 22nd November 2019

Source: www.guildhallchambers.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

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Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in insolvency, leases, news, rent by sally

‘2018 was seen by many as the ‘year of the CVA’ and the year of the so -called ‘Retail CVA’ in particular. Such CVAs have been used in an attempt by companies operating in the retail and casual dining sector with burdensome leases to reduce the cost of their premises whilst continuing to trade.’

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Hardwicke Chambers, 14th October 2019

Source: hardwicke.co.uk

Risks facing social housing sector on the rise, warns regulator – Local Government Lawyer

Posted October 24th, 2019 in health & safety, housing, news, rent, reports by sally

‘Strategic and operational risks facing the social housing sector are on the rise, the Regulator of Social Housing’s Sector risk profile 2019 has suggested.’

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Local Government Lawyer, 23rd October 2019

Source: www.localgovernmentlawyer.co.uk

Rent payments, unless orders and relief from sanction – Nearly Legal

Posted October 21st, 2019 in appeals, landlord & tenant, news, rates, rent, sanctions by sally

‘This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting.’

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Nearly Legal, 16th October 2019

Source: nearlylegal.co.uk

Rent Repayment Orders, limitation and award periods – Nearly Legal

Posted October 2nd, 2019 in limitations, news, rent, repayment by sally

‘This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence.’

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Nearly Legal, 30th September 2019

Source: nearlylegal.co.uk