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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...
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...
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...
This will be a busy few weeks for me on the Homes(Fitness for Human Habitation) Act. On the off chance that anyone wants to hear and question me and others on the Act, here are some dates and details: 15 May 2019 - HLPA meeting, with Steve Lawrence of the...
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...
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...
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....
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...
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...
Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B...
Pandongate House Management Co Ltd v Barton, High Ct (Newcastle District Registry), January 2019 (with thanks to Alice Richardson for a copy of the judgment) Lessee-owned companies are now pretty common. They generally come about in one of three ways. The...
One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is...