Harassment and hot water for leaseholders

Grateful thanks to September 2019 edition of Legal Action – Housing: recent developments for this one. Whale and others v Maunder Taylor and Northwood Hall RTM Company Ltd, County Court at Central London, May 2019 Mr Maunder Taylor was an FTT-appointed manager of a block of flats. Following his appointment, he decided to go ahead with a […]

HMRC propose to fine tenants for not paying their landlord’s tax.

No, really. I’m not being melodramatic. Not all tenants, and not all landlords, granted, but that is exactly what HMRC say may be done. This is all about non-resident landlords, living overseas for more than 6 months a year. HMRC are (quite possibly rightly) concerned that they aren’t paying the tax due on their rental […]

Banned leader

Look, look! A banning order! I don’t know if this is the first, it may well be. It is certainly the first decision I have seen. 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001 This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order […]

Injunctions, evictions and unrepresented parties

Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019 (unreported, but note of extempore judgment on lawtel) The kind of thing that happens when neither party is represented… In December 2018, Mr Brown had obtained an ex parte injunction against Mr Tyndale, the landlord, on the basis that the landlord had attempted to lock him […]

Rent Repayment Orders – who is the landlord?

Our grateful thanks to Alasdair McClenahan of Justice for Tenants for a copy of this decision and his notes. Mrs Elanga Longane et al  v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision) This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an […]

Updated section 21 flowchart

I’ve had a go at updating the section 21 validity flow chart. It now incorporates the effect of the Tenant Fees Act 2019 (which turned out to be more complicated to do than I thought – I think it works, but constructive criticism welcome), and updates notes on EPCs and gas safety certificates. It will […]

Whose windows are these?

As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the landlord to keep the property ‘in good condition’ or ‘fit to […]

In the county courts – succession, possession and warrants

Our thanks to the Housing: Recent Developments team in the July/August Legal Action for notes on these two cases. Lambeth LBC v Casey County Court at Clerkenwell and Shoreditch, 5 June 2019 Ms C had succeeded to the tenancy of a two bedroom flat. Lambeth brought possession proceedings under grounds 13 (property designed to make it suitable […]

Possession and licensing in Wales

Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019 (unreported elsewhere, I’ve seen a note of […]