Tag Archive for 'assured shorthold'

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Bits from August LAG 2: Unlawful Eviction damages

By NL on 13/08/2009. 6 Comments

The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.

Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared kitchen and bathroom. The rent was £60 pw. In November 2007, the landlord – Mr Iqbal – told Mr Abbas he would have to leave as the property was to be converted into flats. In April 2008 a written notice was served, to leave within two weeks. The notice was defective and invalid. … Read the full post

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

Bits from August LAG 1: Tenancy Deposits

By NL on 11/08/2009. 25 Comments

As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting.

Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had a 12 month AST from May 2008. The tenancy agreement stated that there was a £600 deposit ‘as security for the faithful performance of the terms of the lease’. The deposit was not paid into a scheme. During the 12 month term, Ms Harrington, the landlord agreed to accept notice to terminate the tenancy … Read the full post

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

Shocking lack

By NL on 24/07/2009. 15 Comments

And I apologise for the pun in the title, which is in dubious taste.

Normally on NL, we restrict putting our view on matters to a few comments or the odd, albeit caustic, remark. But the events and legal requirements that are set out in this story from the RLA newsletter are such that we even had a bit of a discussion about whether and how Nearly Legal could mount a campaign.

In short, atrocious wiring in a private let resulted in the death of a tenant while running a bath. She was found dead by her five year old daughter. Wiring in the property, done 28 years ago, had … Read the full post

Posted in Assured Shorthold tenancy, Disrepair, Housing law - All and Regulation and planning. Tags: , , .

HB means no gas or electricity

By NL on 22/07/2009. 0 Comments

In the July edition of Legal Action’s housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a 6 month fixed term. Ms S applied for HB which was granted but did not cover the full rent, even after appeal. The landlord, Mr Munro had a ‘no HB’ policy, which he decided to enforce in a forthright and utterly unlawful manner. First he told Ms S to leave. Then, in May 08 his brother and girlfriend went to the property and demanded that … Read the full post

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

Victory – Bjorge Lillelien style

By J on 13/07/2009. 9 Comments

Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It’s already attracted some media coverage and, with luck, might attract some more. It deserves to. I’ve summarised and simplified matters where possible but a full transcript is available if anyone wants it.

This was a mortgagee’s claim for possession, but with a rather unusual history. Mr & Mrs Jackson were, until October 2005, the owners of a residential property. The property was mortgaged to Cheltenham & Gloucester Building Society and … Read the full post

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

Foxtons' terms unfair

By Francis Davey on 13/07/2009. 2 Comments

In a long awaited decision the High Court has held in Office of Fair Trading v Foxtons [2009] EWHC 1691 (Ch) that some of the terms and conditions contained in Foxtons’ contract with landlords were unfair. While strictly speaking this decision is unrelated to housing law, concerning as it does the fairness of consumer contracts, it will have an impact on the housing sector and the decision itself is instructive in the application of the Unfair Terms in Consumer Contracts Regulations 1999.

The case was brought by the Office of Fair Trading who were claiming injunctive/declarative relief against Foxtons under their power to do so granted by regulation 12. … Read the full post

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

Tenancy Deposit – variations on a theme

By NL on 17/05/2009. 19 Comments

Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters…

Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor the required information given. Ms Rollings was apparently unaware of the existence of the deposit scheme. The deposit remained unprotected until shortly before the initial hearing of Mr Seghier’s claim in June 2008. At the hearing Ms Rollings gave a copy of the certificate of deposit to Mr Seghier, but the prescribed information was … Read the full post

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