Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

Full Story

Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

RROs – late payments, rent arrears and deposits considered by the Upper Tribunal – Nearly Legal

Posted July 20th, 2021 in deposits, landlord & tenant, news, rent, repayment by sally

‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’

Full Story

Nearly Legal, 18th July 2021

Source: nearlylegal.co.uk

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

Full Story

Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

A reasonable excuse defence to an RRO – ‘they told me they’d tell me’ – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, licensing, local government, news, rent by tracey

‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’

Full Story

Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

Binding arbitration to settle Covid commercial rent disputes – Litigation Futures

‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’

Full Story

Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal

Posted June 11th, 2021 in housing, landlord & tenant, local government, news, rent by tracey

‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’

Full Story

Nearly Legal, 9th June 2021

Source: nearlylegal.co.uk

Eviction ban: A million are in fear of losing their homes, charity says – BBC News

Posted June 1st, 2021 in coronavirus, news, rent, repossession, stay of proceedings by sally

‘As England’s coronavirus eviction ban comes to an end on Monday, around a million households fear losing their homes, a charity says.’

Full Story

BBC News, 31st May 2021

Source: www.bbc.co.uk

The Inferno of the private rental sector – Nearly Legal

Posted May 24th, 2021 in debts, housing, landlord & tenant, news, rent by tracey

‘For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented sector, rent repayment order decisions are a good way to find displayed what Dante tells us are the three conditions of sin – incontinence, vice, and brute bestiality.’

Full Story

Nearly Legal, 23rd May 2021

Source: nearlylegal.co.uk

Less Notice! More Forms! End of eviction ban! – Nearly Legal

‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’

Full Story

Nearly Legal, 12th May 2021

Source: nearlylegal.co.uk

Rent Repayment Order and legal costs – Nearly Legal

Posted May 10th, 2021 in costs, documents, housing, landlord & tenant, licensing, news, rent by tracey

‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’

Full Story

Nearly Legal, 9th May 2021

Source: nearlylegal.co.uk

Landlords challenge fairness of restructuring plan in landmark case – OUT-LAW.com

Posted April 29th, 2021 in debts, landlord & tenant, leases, news, rent by sally

‘The scope for landlords to successfully challenge restructuring plans launched by financially distressed tenants who seek to compromise lease liabilities could be severely impinged if the High Court in London approves a restructuring plan in the face of opposition from landlords.’

Full Story

OUTLAW.com, 28th April 2021

Source: www.pinsentmasons.com

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

Full Story

Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Arrears, conduct and Tribunal discretion on RRO awards – Nearly Legal

Posted March 22nd, 2021 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by tracey

‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’

Full Story

Nearly Legal, 21st March 2021

Source: nearlylegal.co.uk

Rent Repayment Order miscellany – Nearly Legal

Posted March 8th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, repayment, time limits, tribunals by tracey

‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’

Full Story

Nearly Legal, 6th March 2021

Source: nearlylegal.co.uk

Landlords win appeals over “unfair” FTT proceedings where – in absence of hearing – criminal offences found to have been committed – Local Government Lawyer

‘Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Landlord loses appeal over rent repayment order for HMO occupied by tenants housed at direction of council – Local Government Lawyer

‘Sefton Metropolitan Borough Council has secured more than £13,000 in a rent repayment order after the failure of an appeal against it.’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

Full Story

Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

Full Story

The Guardian, 14th February 2021

Source: www.theguardian.com

Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’

Full Story

Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk

Government vows to end complex leasehold costs – BBC News

Posted January 7th, 2021 in fees, leases, news, rent by tracey

‘Planned reforms of the controversial leasehold system in England are set to clamp down on high costs when extending a lease.’

Full Story

BBC News, 7th January 2021

Source: www.bbc.co.uk