Tag Archive for 'assured-tenancy'

Not Ashored

By Francis Davey on 08/08/2011. 0 Comments

Awful title due to NL himself.

Mew v Tristmire concerned whether or not two “houseboats” were “dwelling houses let as separate dwellings” as required in section 1 of the Housing Act 1988 in order for them to be assured tenancies.

The “houseboats” appear to have been converted WWII landing craft that were, in the event, not used in the D-Day invasion. Both rested on wooden platforms so that they did not rise and fall with the tide. Both could be lifted off the platforms and removed, although one, “Emily” was fixed to an additional structure that had been added some 5 years previously and which would be damaged or destroyed … Read the full post

Posted in assured-tenancy and Uncategorized. Tags: , , , .

Short of Money but Not Short of Rent

By David Smith on 19/07/2011. 21 Comments

Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813

This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the bankruptcy can be counted as arrears of rent for the purposes of obtaining possession.

Facts
Both Ms Sharples and Mr Godrey were assured tenants of their respective landlords and both were in arrears of rent. Ms S had possesion proceedings commenced against her but these were adjourned generally on condition she made monthly payments. She failed to do so but then declared bankruptcy prior to the reinstated proceedings … Read the full post

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

Assuredly not an AST

By David Smith on 20/05/2011. 0 Comments

Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet)
UPDATE: Transcript now available on BAILII

Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same Act. S19A basically acts to make the AST the default tenancy under the Act while Schedule 2A lists a series of exceptions to the default position. Most crucially, for this case is the exception in paragraph 7 which states that a tenancy which was previously an Assured tenancy cannot be regranted as an AST unless a notice in a prescribed form had been served.… Read the full post

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

Tis the season for giving (1)

By J on 10/12/2010. 2 Comments

Leeds and Yorkshire Housing Association v Vertigan, Court of Appeal, December 9, 2010 (Elias LJ, Norris J, Lawtel note only)

Vertigan was the assured shorthold tenant of the claimant. Over the years, it seems that he had done a number of things of which his landlord disapproved, including: (a) sawing through the floorboards to access a cellar, which was not demised to him; (b) damaging padlocks placed by the landlord to exclude him from certain areas; (c) erecting a metal structure outside his flat that he refused to remove; and, (d) allowing his dogs to foul the communal areas.

The landlord issued possession proceedings and the judge granted an … Read the full post

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

Tenants of defaulting mortgagees II

By Francis Davey on 30/09/2010. 3 Comments

Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No. 1809) and changes to CPR 55 and CCR O.26 as a result of the 53rd update to the civil procedure rules.

The new law gives some relief to an assured (whether or not shorthold) tenant (as well as to protected and statutory tenants under the Rent Act 1977) where a mortgage lender who is not bound by the tenancy brings proceedings for possession of the tenant’s home. The tenant has two, alternative, forms … Read the full post

Posted in Mortgage possession and Uncategorized. Tags: , , , .

Improvements and rent redux

By NL on 27/04/2010. 0 Comments

Hughes v Borodex Ltd. [2010] EWCA Civ 425

This was the Court of Appeal hearing of the appeal from the High Court decision on first appeal that we reported in March 2009. I won’t rehearse the facts, which are in the earlier post, but the issue was whether former long leaseholders who had ended up with an assured tenancy as a result of notice served under the Local Government and Housing Act 1989 should have improvements that they carried out during the period of the lease taken into account in determination of the rent level for the assured tenancy, set by the Rent Assessment Committee after the interim … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Leasehold and shared ownership. Tags: , , , .

Don’t forget to file and serve…

By J on 03/03/2010. 9 Comments

Cadogan v Chehab [2009] EWHC 3297 (Admin), (only available on Casetrack) is noted in the current edition of Legal Action, but, so far as I can tell, hasn’t been picked up anywhere else. It’s only worthy of a short note though, which is set out below.

Chehab was the assured tenant of a flat owned by the appellant. The tenancy had arisen upon the expiry of a long leasehold interest. The rent had been agreed at £17,000 p.a. but, in 2008, the landlord served notice under s.13, Housing Act 1988, seeking to increase the rent to £29,120 p.a. and, in due course, the matter was referred to the Rent Assessment … Read the full post

Posted in assured-tenancy and FLW case note. Tags: , .
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