Sectoral Regulation Without Section 21 – Nearly Legal

‘One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool which encouraged, or compelled, landlord compliance. Or will it have little practical effect.’

Full Story

Nearly Legal, 29th April 2019

Source: nearlylegal.co.uk

Tribunal unable to impose new Code agreement over occupied site – OUT-LAW.com

‘The Upper Tribunal (Lands Chamber) has no jurisdiction to impose rights under the Electronic Communications Code (‘the Code’) in favour of an operator of telecommunications equipment, where a third party is currently occupying the land, it has concluded.’

Full Story

OUT-LAW.com, 8th April 2019

Source: www.out-law.com

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

Full Story

Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

‘Right to Rent’ checks breach human rights – High Court – BBC News

‘Rules aimed at preventing illegal immigrants from renting properties are “discriminatory” and breach human rights laws, the High Court has ruled.’

Full Story

BBC News, 1st March 2019

Source: www.bbc.co.uk

Students banned from accessing university emails for failing to pay rent, going against CMA rules – Daily Telegraph

‘Students have been banned from accessing university emails and shut out from campus libraries after failing to pay rent, it has been revealed. Undergraduates at the University of Liverpool who live in university-owned accommodation and are unable to pay their rent on time are being handed “academic sanctions”, contrary to Competition and Markets Authority rules.’

Full Story

Daily Telegraph, 16th January 2019

Source: www.telegraph.co.uk

Whether Rates Proposal Invalidated by Omission – Local Government Law

Posted January 15th, 2019 in leases, mistake, news, rates, rent by tracey

‘In Alam v Valuation Officer (2018) UKUT 266 (LC) Mr Alam is the proprietor of the restaurant. He took a lease of a Property. His agents submitted a proposal to reduce the rateable value of the Property. In their proposal they stated correctly that Mr Alam was the occupier of the Property but also stated that the Property was “owner/occupied”. The proposal was completed in that way because of a misunderstanding between Mr Alam and his agents. As a result, the agents did not include any information in response to the question “if not owner/occupied, is a rent or licence fee paid?” and, in particular, did not state the rent payable, the date it had first become payable and the date of the next rent review. All of this was information required by Regulation 6(3) of the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2009 (“the 2009 Regulations”). The issue in Mr Alam’s appeal to the Upper Tribunal (Lands Chamber) concerned the consequence of the mis-statement of the capacity in which Mr Alam occupied the Property and the omission of any information about the rent payable. The Valuation Tribunal for England (“VTE”) found that the proposal was invalid, explaining: “… in whatever circumstances to omit the rent from the proposal was a substantial failure to comply with the Regulations. The panel was therefore persuaded that the error was so fundamental that the proposal could not in any circumstances be treated as valid.” ‘

Full Story

Local Government Law, 9th January 2019

Source: local-government-law.11kbw.com

Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by tracey

‘Or, the significance of tenancy agreement clauses.’

Full Story

Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

Full Story

Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

Full Story

Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Universal Credit – more woes – Nearly Legal

Posted November 2nd, 2018 in benefits, housing, leases, mesne profits, news, regulations, rent by sally

‘The Universal Credit Regulations 2013 contain certain exclusions from the housing element of Universal Credit.’

Full Story

Nearly Legal, 1st November 2018

Source: nearlylegal.co.uk

Plans to stop house buyers being ‘exploited’ by ripoff leases delayed, almost a year after government promise – The Independent

Posted October 15th, 2018 in consultations, housing, leases, news, rent by tracey

‘Flagship plans to stop house buyers being “exploited” by ripoff leases have been delayed, nearly a year after the government vowed to act.’

Full Story

The Independent, 14th October 2018

Source: www.independent.co.uk

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

Full Story

Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

When a long lease is a shorthold – Nearly Legal

Posted September 18th, 2018 in landlord & tenant, leases, news, rent by sally

‘While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked.’

Full Story

Nearly Legal, 16th September 2018

Source: nearlylegal.co.uk

No-fault evictions making hundreds of families homeless each week – The Guardian

Posted August 21st, 2018 in homelessness, landlord & tenant, news, rent, repossession by sally

‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’

Full Story

The Guardian, 18th August 2018

Source: www.theguardian.com

A treatise in defence of ground rents – Hardwicke Chambers

Posted June 19th, 2018 in leases, news, rent by sally

‘On 14 April, Guy Fetherstonhaugh QC’s EG column, “What on earth is ground rent for?”, set out why, in his view, there were many good reasons to abolish “pointless” ground rent on new leases, writes Simon Allison.’

Full Story

Hardwicke Chambers, 12th June 2018

Source: www.hardwicke.co.uk

A “festival of mendacity”; telling the truth no more than a “lifestyle choice” – UK Human Rights Blog

Posted May 29th, 2018 in deceit, news, perjury, rent by sally

‘Judges go about saying people are lying in different ways, from the tip-toeing around the idea of deceit to the full-blooded blast. This judgment, and that from which it is an appeal, are towards the latter end of the spectrum.’

Full Story

UK Human Rights Blog, 25th May 2018

Source: ukhumanrightsblog.com

False promises and penury: still no sign of surrender in the credit hire war – Zenith PI

Posted May 17th, 2018 in appeals, consumer credit, insurance, news, rent by tracey

‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’

Full Story

Zenith PI, 15th May 2018

Source: zenithpi.wordpress.com

BHS to repay rental discounts says High Court – OUT-LAW.com

Posted March 15th, 2018 in agreements, company law, insolvency, news, rent by tracey

‘The High Court has said that BHS cannot challenge the terms of its own company voluntary arrangement (CVA) as unenforceable contractual penalties. The case provides guidance as to how CVAs operate post termination and the payment of rent as an expense of a company’s administration in priority to other debts.’

Full Story

OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Protection from prosecution for unlawful subletting at Grenfell Tower – Attorney General’s Office

‘Guidance has been issued to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’

Full Story

Attorney General's Office, 2nd July 2017

Source: www.gov.uk

Grenfell Tower fire: No prosecutions for subletting of flats, government promises – BBC News

Posted July 3rd, 2017 in fire, health & safety, leases, local government, news, prosecutions, rent by tracey

‘No-one will be prosecuted for illegally subletting a Grenfell Tower flat, the government says, as work continues to identify all those killed in the fire.’

Full Story

BBC News, 2nd July 2017

Source: www.bbc.co.uk