Gimme Gimme Gimme

Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC) Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our […]

Getting Guidance wrong and the perils of not updating legislation

MHCLG recently (April 2019) put out a guidance document called “Landlord and tenant rights and responsibilities in the private rented sector“. Under a heading “Guidance for tenants renting in the private sector: rights, responsibilities and advice”, on page 12 are the following on potential penalties for harassment by a landlord, and for illegal eviction by […]

Mistaken protection

Hook v Hawkins (LANDLORD AND TENANT – Rent (Agriculture) Act 1976) (2019) UKUT 147 (LC) It is not often we get cases involving the Rent (Agriculture Act) 1976. This Upper Tribunal appeal does concern that Act, albeit only to decide that the Act wasn’t involved any longer. The FTT decision at issue was that it […]

Don’t go changing…

Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of ‘variable service charge’. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would provide specified services and that the tenant would pay a service charge […]

No isn’t an answer – access for works

Liverpool Mutual Homes v Mensah, County Court at Liverpool. 31 August 2017. (Thanks to Legal Action Housing Repairs Update May 2019 for this case) This is perhaps a rather obvious point, but reminders can never hurt. M was LMH’s tenant. Following a disrepair letter of claim, there was a joint inspection by the parties’ experts. Some […]

Flexible tenancies: the High Court will decide

We have noted before the problem with how you terminate a flexible tenancy (see here) and the arguments about how the law of forfeiture applies. Despite there being several thousand of these tenancies in England, the forfeiture problem has yet to receive consideration by a higher court. That is about to change. HHJ Bailey (Central […]

Cladding and the private sector: a good first step

There have been rumours of this for a while now, but in the last few mins (9.5.19, 8.30am) the government has announced that it will make public funds available to help fund private sector cladding remediation works. The details (such as they are) are here. A few immediate thoughts: 1) This is very, very welcome. […]

Troubles with TLAs – HMOs and EPCs

Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed requirements is – via s.2(1) The Assured Shorthold Tenancy Notices and Prescribed […]

Song from under the floorboards*

Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch) Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by […]