Monthly Archive for July, 2011

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Service charge demands and prescribed information

By J on 18/07/2011. 0 Comments

By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be accompanied by a summary of rights and obligations, setting out the various rights and options open to leaseholders. In England, that provision has been in force since October 2007 and there is a prescribed format for the summary: SI 2007/1257. What happens though where a service charge demand is made after October 2007, but in respect of costs incurred before that date? That was the question for the Upper Tribunal (Lands Chamber) in Amourgam v Valepark Properties Ltd [2011] UKUT 261 (LC).

HHJ Huskinson has held that the demand must be accompanied by … Read the full post

Posted in FLW article, Housing law - All and Leasehold and shared ownership. Tags: , .

Eligibility: Reg 6(2)(a)

By Dave on 15/07/2011. 8 Comments

News has reached us at NL Towers (or lock-up – see image at bottom of page) from a regular reader/correspondent, Simon Marciniak, of an interesting and potentially important s 204 homelessness appeal decision on the ambit of Regulation 6(2)(a), Immigration (European Economic Area) Regulations 2006, SI 2006/1003.  That regulation says that:

A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if – (a) he is temporarily unable to work as the result of an illness or accident.

So, if you are otherwise ineligible and not a worker, but temporarily unable to work due to illness/incapacity, you are … Read the full post

Posted in Benefits, FLW case note, Homeless and Housing law - All. Tags: .

You don’t want to do it like that.

By NL on 12/07/2011. 13 Comments

The Local Government Ombudsman receives over 300 complaints a year about Local Authorities’ handling of homeless applications. The LGO is clearly concerned by what it sees in the matters referred to it as it has now produced a ‘focus report‘ , called “How Councils can ensure justice for homeless people”, setting out how local authorities should apply the law properly. This is set in the context of what the report identifies as the growing problem of homelessness.

The report notes that the LGO does not normally intervene where a remedy through the courts is available, but as the remedy here is judicial review, it is not reasonable to expect … Read the full post

Posted in FLW article, Homeless and Housing law - All.

Back in the consulting room

By J on 12/07/2011. 0 Comments

R (Peat and others) v Hyndburn DC [2011] EWHC 1739 (Admin) is the first successful challenge to a selective licensing scheme. We’ve previously covered the permission hearings (here and here). It’s quite a fun judgment to read, if only for the absolute kicking that the authority get over their consultation exercise.

Selective licensing is, in short, a mechanism whereby authorities can require landlords to obtain licenses before being allowed to let property. Before making a designation, the authority must take reasonable steps to consult persons likely to be affected (s.80(9), Housing Act 2004) and (as the law stood at the relevant time), obtain the consent of the Secretary … Read the full post

Posted in ASB, Assured Shorthold tenancy, FLW case note and Housing law - All. Tags: .

Forgive us our trespasses…

By NL on 10/07/2011. 14 Comments

The Prime Minister’s confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the most significant changes to the law of trespass in England and Wales for generations.

The media response, carefully directed by spin, has been to focus on squatting and, all too predictably, on ‘protecting homeowners’ from squatters. That this response is wholly and perhaps wilfully inaccurate about the current law is something we’ve addressed before. Of course, squatting is threatened by the proposals, but the ramifications run deeper and wider.

The … Read the full post

Posted in Adverse possession, FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

A sorry tale

By J on 10/07/2011. 4 Comments

Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal.

M was the occupier of a property which had been bought by W. Possession proceedings were issued and W obtained an order for possession. M was refused permission to appeal. When M failed to leave the property, a judge attached a penal notice to the possession order. M still refused to leave and was sentenced to 14 days imprisonment (suspended to allow social services to investigate). M then appealed the committal … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , , .

Service charges and legal costs: a very short point

By J on 10/07/2011. 0 Comments

The Upper Tribunal (Lands Chamber) has recently handed down two cases on insurance premiums and service charges. I’m not going to deal in any detail with either of them, as both are entirely on their own facts. However, in one case Akorita v Marina Heights (St Leonards) Ltd [2011] UKUT 255 (LC), the Upper Tribunal did make a comment about the correct approach to s.20C, LTA 1985, that I do think is worth bringing to your attention.

In general terms, the LVT and Upper Tribunal have exceptionally limited powers to award costs. What is more important in most cases is where the lease gives the landlord the power to charge … Read the full post

Posted in FLW article, Housing law - All and Leasehold and shared ownership. Tags: , .
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