Tag Archive for 'Rent Act'

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: , , .

Hand me downs

By NL on 15/06/2011. 2 Comments

Crown Estate Commissioners v Peabody Trust & Poplak [2011] EWHC 1467 (Ch) [link to PDF]

As we noted a while ago, the transfer of the Crown  Estates Commissioners social housing estates to the Peabody Trust had brought about a test case on the status of those tenants who had been regulated tenants (protected or statutory) under Rent Act 1977. This is that case in the High Court. It is also something like the ultimate rebuttal to anyone who suggests housing law is straightforward. Hold on to your amended statute, it is going to be a very bumpy ride.

It was common ground that these tenants ceased to be regulated … Read the full post

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

Way too secure

By NL on 04/10/2009. 0 Comments

Gauci v Malta [2009] ECHR 1280 [Link is to rtf]

Hat-tip to the Garden Court Bulletin for this one.

Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other property themselves, were able to exercise a right to new lease under under Maltese Act XXIII of 1979 as they were resident.

Under the 1979 Act, the maximum rent that the Rent Review Board could set for the premises was 420 euro per year. The market rent was assessed in 2002 at 280 euro per month. Mr G brought proceedings, complaining … Read the full post

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

Looking at it from all angles

By J on 14/05/2009. 0 Comments

Whitehouse v Lee [2009] EWCA Civ 375 is a rare beast – a successful appeal against a decision on reasonableness in the context of possession proceedings. However, it merits close attention not only for its rarity, but because it also reminds us of how to properly consider whether it is “reasonable” to make an order for possession.

Mr & Mrs Whitehouse became the tenants of a flat in 1963. In 1969, Dr Lee purchased the freehold reversion, a neighbouring house and three garages underneath the flat, all of which were held beneficially with her siblings. In due course it was decided that the siblings wanted to sell the flat that … Read the full post

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