Tag Archive for 'housing act 2004'

HMO Planning Relaxation

By David Smith on 10/09/2010. 0 Comments

We have previously posted on the introduction of the requirement for planning consent for Houses in Multiple Occupation, introduced by the outgoing Labour government as one of their last acts. This is now set to be undone with the laying before Parliament of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2010.

This amends the usual planning GPDO to allow free movement between the C3 and C4 planning classes. However, the requirement for planning consent for larger HMOs of more than 6 persons will remain in place and unchanged and many local authorities are keeping a close eye on this.

There is also the possibility … Read the full post

Posted in FLW article. Tags: , , .

New Tenancy Deposit Cases in Legal Action

By David Smith on 06/08/2010. 0 Comments

Our new copy of Legal Action flopped onto the mat here at Nearly Legal Towers this morning. Looking at the reported cases a pair of tenancy deposit matters caught my eye. One of these we have already written about here.

In Baafi v Mapp, Central London County Court, 24 June 2010 a landlord had sought a possession order on the basis of a section 21 notice. The tenant defended the claim on the basis that the landlord had not properly complied with the requirements of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, he also counter-claimed for the now-customary penalties. The landlord had registered the deposit with the … Read the full post

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

Selective and Additional Licensing Consent for England

By David Smith on 18/05/2010. 0 Comments

We have previously reported on the consultation by the DCLG to grant a blanket consent to local authorities in England to operate selective and additional licensing schemes under parts 2 and 3 of the Housing Act 2004 (a blanket consent already exists in Wales). Despite the response to that consultation not setting out any further actions it now seems that the blanket approval has been given and communicated to local authorities, despite a complete absence of any announcement by the DCLG (at least I cannot find one).

This means that local authorities are not now required to seek the approval of the Secretary of State before choosing to licence other … Read the full post

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

Tenancy Deposit Protection on Sale and Leaseback

By David Smith on 29/01/2010. 5 Comments

UK Housing Alliance (North West) Ltd v Michael John Francis, Grimsby County Court, 18 June 2009, unreported

An interesting case this involving issues of tenancy deposit protection, contractual penalties and the Unfair Terms in Consumer Contract Regulations 1999.

UK purchased a house in Grimsby from F in October 2007. They let it back to him on an Assured Shorthold Tenancy for a term of ten years at a rental of £520.83 pcm with annual increases of 5%. The purchase price was £125,000 to be paid in two tranches – the first, in the sum of £87,500 to be paid on completion while the second, of £37,500, on the giving up … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Possession. Tags: , , , , .

HMO Planning Changes and a Consultation

By David Smith on 29/01/2010. 2 Comments

The Department of Communities and Local Government yesterday published a response on their website to a consultation on planning responses to HMOs which was launched back in May 2009.

Briefly, there is concern that certain areas, principally where there are a lot of students are becoming dominated by HMOs. The current powers to control HMOs under Part 2 of the Housing Act 2004 provide limited scope for dealing with this at is not permissible to refuse a licence for an HMO on the basis that there are too many HMOs in the immediate area. The original consultation proposed a number of ways to resolve this issue, centering around an alteration … Read the full post

Posted in FLW article and Regulation and planning. Tags: , .

Tenancy deposit – late compliance again

By NL on 07/11/2009. 20 Comments

Da Costa v Pinter Bromley County Court April 2008

With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated ‘Payment required in advance of £4,200′. The invoice from the landlords agents said that of this, £2,250 was ‘a deposit’.

At the end of the tenancy, the deposit was requested by the tenant, but not returned. There was also no trace that the deposit had been protected in one of the schemes. The tenant brought a claim for deposit and the penalty. After the issue of proceedings, but before the … Read the full post

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

Two homes, two MPs and an EDMO

By NL on 24/06/2009. 0 Comments

EDMOs, a remarkable power given to local authorities under Housing Act 2004 to take control of an abandoned or unused residential property and let it (and charge the owner for most of the related costs of doing so), have been used remarkably rarely – I am informed some 29 decisions on orders have been made in the RPT in England since the Act came into force.

Which raises a question or two over the threatened thirtieth order. Married Labour MPs Alan and Anne Keen, who were exposed in the Telegraph expenses porn spreads as both claiming for their joint second home – a flat in Waterloo – to the … Read the full post

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