Tag Archive for 'protected tenancy'

Ain’t nothin’ goin’ on ’bout the rent

By NL on 02/01/2012. 0 Comments

Tolui v London Rent Assessment Panel [2011] EWHC (Admin), [2011] All ER (D) 126 (Dec) [On Lawtel, not on Bailii yet] Or how not to go about challenging a Rent Assessment Panel decision.

Mr T is the landlord of a rent act protected tenancy. In 2009 he applied to the Rent Assessment Panel under the Rent Act 1977 to register a fair rent for the property of £360 per week. The RAP set a fair rent of £63.50 per week in January 2010. Mr T responded by issuing Judicial Review proceedings in April 2010 challenging the RAP’s decision.

The correct procedure was by way of a statutory appeal to the … Read the full post

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

Back to the future

By NL on 18/05/2011. 0 Comments

Heartpride Ltd v Sawhney (2011) Ch D 12/5/2011 [Note on Lawtel, not elsewhere]

A case on notices of rent increase for a Rent Act tenancy given under Rent Act 1977 s.45(3). H, the landlord, had served a notice of rent increase on S, the tenant, on 27 March 2001. The Notice had been registered on 20 March 2001 and took effect from that date.

In subsequent 2007 possession proceedings for rent arrears, brought in reliance on that notice, S argued (amongst other denials) that the notice was invalid as it took effect on a date prior to it having been served upon him. The possession claim was struck out by … Read the full post

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

Well I do declare

By NL on 21/02/2011. 5 Comments

Hat tip to Christian at the Estates Gazette Law blog for this one.

Crown Estates are to sell their London ‘social’ residential estates to Peabody Trust. It appears that they are now urgently seeking a tenant to bring forward a test case for a declaration in the High Court as to the effect of sections 35(5) and 38(1)&(3) of the 1988 Housing Act on its 320 Rent Act regulated tenants on transfer.

The Commissioners of the Crown Estates believe that the upshot would be that the protected tenants become secure tenants, while tenants groups said they had advice that the result would be assured tenancies. While Peabody had covenanted to … Read the full post

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

Of fair rents, disrepair and unreasonable temptations

By NL on 12/05/2010. 2 Comments

Ahmed & Ors v Murphy [2010] EWHC 453 (Admin)

This was an appeal to the High Court of a decision by the London Rent Assessment Committee (LRAC) that the maximum fair rent payable by Mr Murphy for the flat in Brick Lane, Spitalfields was £8.50 per week. The appeal was brought by the landlords, the Ahmeds. Neither the tenant, Mr Murphy, nor the LRAC attended or were represented.

As a case, it is primarily about assessment of maximum fair rent for protected tenants, but there is something for everyone in there, from security of tenure to ‘reasonable notice’ in disrepair. It also features one of the most bewildering set of … Read the full post

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

Second time around

By J on 23/10/2008. 0 Comments

Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162

In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr Foley was a protected shorthold tenant (within the meaning of s.52 Housing Act 1980). Mr Foley resisted the proceedings and contended that he was in fact a Rent Act tenant.

The proceedings were settled on 20 September 2001. It was agreed that Mr Foley was a protected shorthold tenant. It was further agreed that Mr Foley would give up possession of the property within … Read the full post

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