‘The Court of Appeal has had the latest say on shared ownership leaseholders’ right to take over the management of their building – an area where the Law Commission has previously said the landscape is unclear.’
Law Society's Gazette, 31st May 2023
Source: www.lawgazette.co.uk
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
© Inner Temple Library 2023