Case Comment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs [2022] UKSC 26 – UKSC Blog

Posted January 24th, 2023 in amendments, news, repayment, Scotland, Supreme Court, taxation, time limits by sally

‘In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.’

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UKSC Blog, 23rd January 2023

Source: ukscblog.com

Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by tracey

‘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.’

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OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

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23 Essex Street, 25th August 2022

Source: www.23es.com

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘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.’

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Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk

High Court upholds ruling that $3m CFA is unforceable – Legal Futures

Posted August 2nd, 2022 in agreements, enforcement, fees, law firms, news, repayment by tracey

‘The High Court has upheld a decision that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement (CFA) has to repay the money.’

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Legal Futures, 2nd August 2022

Source: www.legalfutures.co.uk

CMA launches court action against Teletext Holidays – gov.uk

Posted October 19th, 2021 in consumer protection, coronavirus, holidays, news, repayment, undertakings by tracey

‘The CMA has today launched court action against Teletext Holidays over inadequate progress on refunds to package holiday customers.’

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gov.uk, 18th October 2021

Source: www.gov.uk

Rent Repayment Orders – not ALL the rent – Nearly Legal

Posted October 12th, 2021 in houses in multiple occupation, landlord & tenant, licensing, news, rent, repayment by sally

‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’

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Nearly Legal, 11th October 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.”’

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Nearly Legal, 18th July 2021

Source: nearlylegal.co.uk

Frustrated Contracts and Wedding Venues – article by Harry Dyson – Park Square Barristers

Posted June 17th, 2021 in contracts, coronavirus, hotels, marriage, news, regulations, repayment by sally

‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’

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Park Square Barristers, 15th June 2021

Source: www.parksquarebarristers.co.uk

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.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.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.’

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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).’

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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.’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

LoveHolidays to refund £18m for cancelled holidays – BBC News

Posted December 15th, 2020 in coronavirus, holidays, news, regulations, repayment by tracey

‘LoveHolidays, one of the UK’s biggest online travel agents, has been ordered to refund £18m to more than 40,000 customers after their trips were cancelled due to the coronavirus outbreak.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

English universities must consider partial fee refunds, says regulator – The Guardian

Posted September 29th, 2020 in coronavirus, fees, news, repayment, universities by sally

‘Universities in England must consider refunding some tuition fees, their regulator has said as it emerged that lawyers are challenging the legal basis of a two-week lockdown of 1,700 students in Manchester.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Rent arrears and RROs – Nearly Legal

Posted August 18th, 2020 in landlord & tenant, news, rent, repayment, repossession by sally

‘This is a First Tier Tribunal (Property Chamber) decision on an application for a Rent Repayment Order (RRO), which unusually deals with the issue of the tenant’s rent arrears.’

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Nearly Legal, 16th August 2020

Source: nearlylegal.co.uk

Woman loses legal challenge to NHS charges for pregnant migrants – The Guardian

Posted July 2nd, 2020 in birth, immigration, judicial review, medical treatment, news, pregnancy, repayment by tracey

‘A woman who faces decades of repayments to the NHS for maternity care has lost a case in the high court challenging the government’s healthcare charging regime for migrants.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

I want it all – Nearly Legal

‘Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an RRO. The FTT had awarded a rent repayment order and the landlord appealed, on the basis that the amount he was ordered to pay was excessive in view of the amounts he had spent on the property. The tenants were assisted by University of London Housing Services.’

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Nearly Legal, 21st June 2020

Source: nearlylegal.co.uk

Coronavirus: Watchdog threatens legal action on holiday refunds – BBC News

‘Firms that fail to refund people for holidays and weddings cancelled because of the coronavirus outbreak could face legal action by the consumer watchdog.’

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BBC News, 30th April 2020

Source: www.bbc.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