Category: tribunals

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

Posted July 8th, 2020 in appeals, chambers articles, covenants, holidays, housing, landlord & tenant, leases, news, tribunals by sally

‘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

Posted July 3rd, 2020 in appeals, data protection, enforcement, freedom of information, local government, news, tribunals by sally

‘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

Posted July 3rd, 2020 in appeals, forfeiture, housing, landlord & tenant, leases, news, probation, prostitution, soliciting to murder, tribunals by sally

‘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

Posted June 12th, 2020 in appeals, housing, landlord & tenant, local government, London, news, penalties, tribunals by sally

‘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

Posted June 10th, 2020 in appeals, housing, landlord & tenant, leases, news, service charges, time limits, tribunals by sally

‘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

Posted June 8th, 2020 in appeals, chambers articles, contract of employment, employment, news, sport, tribunals by sally

‘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

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

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

Judge orders fresh hearing in dispute over disclosure of advice to council on tactics in negotiations with supermarket giant – Local Government Lawyer

Posted April 21st, 2020 in appeals, disclosure, freedom of information, local government, news, planning, tribunals by sally

‘An Upper Tribunal judge has set aside a decision by a First-tier Tribunal (FTT) that upheld – after a freedom of information request – the withholding of an agent’s advice to a local authority on the tactics it should apply in negotiations with Tesco over a proposed development.’

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Local Government Lawyer, 20th April 2020

Source: www.localgovernmentlawyer.co.uk

Oung Lin Chaun-Hui & Ors v K Group Holdings Inc & Ors – Tanfield Chambers

Posted April 20th, 2020 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘The Upper Tribunal considered the status of service charges recovered by a manager appointed under section 24 of the Landlord and Tenant Act 1987.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Oral hearings – who needs them? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, immigration, news, oral hearings, tribunals by sally

‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’

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Doughty Street Chambers, 9th April 2020

Source: insights.doughtystreet.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

Posted April 16th, 2020 in chambers articles, county courts, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

Posted April 15th, 2020 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, London, news, repairs, tribunals by sally

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Tribunal stays information rights cases for 28 days – Local Government Lawyer

Posted April 6th, 2020 in coronavirus, data protection, delay, freedom of information, news, time limits, tribunals by sally

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over tribunal ruling requiring it to issue caravan site licence- Local Government Lawyer

Posted April 3rd, 2020 in appeals, interpretation, local government, news, planning, tribunals by sally

‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’

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Local Government Lawyer, 2nd April 2020

Source: www.localgovernmentlawyer.co.uk