Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal

Posted October 26th, 2020 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by sally

‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’

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Nearly Legal, 24th October 2020

Source: nearlylegal.co.uk

Court to rule on UK freedom of information bids from overseas – The Guardian

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

Government spends £120m in taxpayer money fighting disability benefit claims in two years, figures show – The Independent

Posted September 2nd, 2020 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by tracey

‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’

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The Independent, 1st September 2020

Source: www.independent.co.uk

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Quarantined legal professionals should not be permitted to attend court, says Law Society – Local Government Lawyer

‘The Law Society of England and Wales has warned that legal professionals should not break quarantine to attend hearings and tribunals despite government guidance that lawyers will be allowed to break the mandatory self-isolation period to attend court or tribunal hearings.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

MI6 apologises for court ‘interference’ – BBC News

Posted July 28th, 2020 in intelligence services, investigatory powers, news, tribunals by sally

‘MI6 officers have been accused of attempting to interfere in a major legal battle over crimes linked to intelligence agencies.’

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BBC News, 27th July 2020

Source: www.bbc.co.uk

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Dispensing with section 20 – requirements on landlord – Nearly Legal

Posted July 6th, 2020 in consultations, housing, landlord & tenant, news, service charges, tribunals by sally

‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’

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Nearly Legal, 4th July 2020

Source: nearlylegal.co.uk

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

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Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer

‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020] UKUT 163 (LC) Martin Rodger QC, Deputy President – Landmark Chambers

‘The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular, s.20B(1), 1985 Act provides that a tenant is not liable to pay service charges which were incurred more than 18 months before a demand for payment was served on the tenant. That provision does not apply if, within the same 18 month period, the tenant is notified in writing that the costs have been incurred and that he will subsequently be required under the terms of his lease to contribute to them by payment of a service charge (s.20B(2)). In Brent LBC v Shulem B Association Ltd [2011] 1 WLR 3014, the High Court held that the “demand” for the purposes of s.20B(1) had to be a contractually valid demand. That decision was approved – without argument to the contrary – in Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139.’

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Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Not not Nemcova – Nearly Legal

Posted June 8th, 2020 in appeals, covenants, housing, landlord & tenant, leases, news, tribunals by sally

‘Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short let use not to be in breach of lease (for cunning reasons I’ll come back to) and the head lessor had appealed to the Upper Tribunal. The decision upholds the Nemcova line on “private residence” use, but also has a finding of interest on “business use”.’

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Nearly Legal, 6th June 2020

Source: nearlylegal.co.uk

Employment status: Revenue v Customs Commissioners v Professional Game Match Officials Ltd [2020] 5 WLUK 118 – 3PB

‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Losing in CAT “not enough” for costs order against regulator – Litigation Futures

Posted May 27th, 2020 in competition, costs, medicines, news, tribunals by sally

‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’

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Litigation Futures, 26th May 2020

Source: www.litigationfutures.com

Publication and correction of judgments – official and unofficial sources – Transparency Project

Posted April 29th, 2020 in courts, internet, judgments, judiciary, Ministry of Justice, news, tribunals by sally

‘Who is responsible for publishing the official approved version of judgments of the courts? Where should we look to find the latest, in some cases corrected, version of a court judgment? These are not new questions, but the sudden swerve to virtual justice has thrown them into new focus.’

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Transparency Project, 29th April 2020

Source: www.transparencyproject.org.uk

Tribunals & COVID-19 First-tier & Upper Tribunals, and Traffic Commissioners – Henderson Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, live link evidence, news, tribunals by sally

‘Much has been said in relation to the steps being taken to keep the criminal and civil courts going, but what’s going on in the First-tier and Upper Tribunals, as well as before the Traffic Commissioners?’

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Henderson Chambers, 20th April 2020

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Covid-19 and the immigration tribunals: a working guide for representatives – 1MCB Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, immigration, news, tribunals by sally

‘The guide provides an overview of some of the key challenges, as well as practical advice for making applications and submissions within the new procedural framework. Summaries of applicable case law and links to guidance and additional resources are also included.’

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1MCB Chambers, April 2020

Source: 1mcb.com