Tag Archive for 'assured-tenancy'

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Rent arrears, transfers and Weaver in operation

By NL on 07/01/2010. 13 Comments

McIntyre & Anor, R (on the application of) v Gentoo Group Ltd [2010] EWHC 5 (Admin)

This was the judicial review of North Sunderland Housing Company’s refusal to permit an exchange of homes by the Claimants, joint assured tenants, with another NSHC assured tenant. NSHC are a subsidiary company of Gentoo and no points were taken on whether Gentoo were the proper Defendant. NSHC had refused to permit the exchange unless Mr McIntyre paid off an historic debt for rent arrears accrued when he lived at another property as a tenant of Sunderland City Council. Originally Mr & Mrs were joint tenants of Sunderland City Council in the property, prior … Read the full post

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

L & Q Change Practice on Ground 8

By Dave on 13/08/2009. 0 Comments

News has come our way (circuitously) of a change in practice by London and Quadrant on the use of Ground 8, the mandatory ground for possession on the basis of rent arrears in respect of assured tenancies, from 01 August. Apparently, they will now only use it in “exceptional circumstances” (eg abandonment). Maybe others will follow … and it will be interesting to see how this chimes with the TSA research on the use of Ground 8 which should be completed by now.… Read the full post

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

RSLs support L&Q in Weaver appeal

By NL on 29/06/2009. 0 Comments

According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To quote Inside Housing:

Steve Howlett, chief executive of Peabody Trust and chair of the G15, said: ‘The G15 will consider how we can support L&Q if it chooses to appeal.’

When asked if this meant contributing to a possible ‘appeal fund’, Mr Howlett replied: ‘Yes – that is something that has previously been discussed.’

Given the ludicrous position that the LSC adopted on funding the Court … Read the full post

Posted in assured-tenancy and Housing law - All. Tags: , , , , , .

Pick a date, any date

By NL on 18/06/2009. 1 Comment

It might be a small thing next to the likes of Weaver v L&Q, but Hussain v Bradford Community Housing Limited & Kauser [2009] EWCA Civ 763 is worth attention on a technical point.

Hussain had a weekly periodic tenancy has joint tenant with Kauser. The weekly period ended on a Friday of each week. The tenancy specified 28 days notice. Following the breakdown of the relationship, BCH and Kauser issued Notice to Quit with effect from ‘the last Sunday of the month or the last day of the periodic tenancy after four weeks’. The landlord also wrote to Kauser saying that if an offer of alternative accommodation was … Read the full post

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

Rent review (Megarry at last…)

By Francis Davey on 17/06/2009. 0 Comments

Avid students of assured tenancies will know that the late Sir Robert Megarry wondered (in his work the Rent Acts) what would happen to a term providing for a mechanism for setting the rent that was written into a fixed term assured tenancy after that tenancy had become a statutory periodic tenancy. The High Court has given us an answer in the case of London District Properties Management Limited v Goolamy [2009] EWHC 1367 (Admin).

For those who have more pressing interests than rent review, the legal background is this. Section 13 of the Housing Act 1988 creates a system by which a landlord may increase the rent of … Read the full post

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

Tenancy deposit alert

By NL on 06/06/2009. 0 Comments

Mydeposits.co.uk, which is one of the approved TDS schemes, has issued a press release warning about mytenancydeposits.co.uk, whose site purports to be that of an approved TDS custodial scheme. It isn’t. Any landlord whose deposit is with mytenancydeposits.co.uk has not complied with the requirements of the scheme and may face the 3x penalty.

mytenancydeposits.co.uk is run by a company called MTD Secure Limited. They claim to be “administering a tenancy deposit protection scheme by Tenancy Deposit Solutions Limited under contract from Communities & Local Government”. This is not true.

Now, if they are going to lie about that, it would probably not be a good idea to hand them any … Read the full post

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

Outright orders and drug offences

By J on 05/05/2009. 0 Comments

Knowsley Housing Trust v Prescott & Prescott [2009] EWHC 924 (QB)

Mr & Mrs Prescott were the assured tenants of Knowsley Housing Trust and had been since 2002. On 11 April 2006, Mr Prescott pleaded guilty to charges relating to the supply of cocaine and amphetamines. He was sentenced to 8 years imprisonment.

The Housing Trust sought possession of the property in light of the conviction. After a contested trial, the trial judge made a postponed possession order, postponed on terms that the property not be used for drug dealing. He felt that Mr Prescott had already been adequately punished. There was also nothing to suggest that Mrs Prescott had … Read the full post

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