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Landlord and Tenant Updates

‘Once in a Lifetime’ Development Triggers Court Row

Published on: 24 November 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

A falling out between four businessmen in relation to a ‘once in a lifetime’ opportunity to develop 1,000 new homes on the Isle of Wight has culminated in a High Court ruling that two of them breached their fiduciary duties in seeking to freeze their colleagues out of the deal.

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Bank Sends in Administrators for £32 Million Debt

Published on: 07 November 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Bank Sends in Administrators for £32 Million Debt

In the context of a financially disastrous hotel development, two companies involved in the project have failed to convince the High Court that a bank which held a floating charge over their assets had no right to unilaterally appoint administrators in its attempt to recover loans totalling £32.8 million.

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Court Laments Bitter Family Farm Partnership Dispute

Published on: 03 November 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Court Laments Bitter Family Farm Partnership Dispute

The Court of Appeal has bemoaned the ‘unhappily common’ lack of clarity in the drafting of many partnership agreements after an elderly farming couple became embroiled in a bitter dispute with their son over how his share in the business should be valued following his retirement from the partnership.

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Tropical Storms and ‘Force Majeure’

Published on: 22 October 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Tropical Storms and ‘Force Majeure’

In a unique decision, the Privy Council has analysed the concept of ‘force majeure’ in the context of a dramatic accident in which a crane collapsed and severely damaged neighbouring buildings during a tropical cyclone on the Caribbean island of Mauritius.

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Squadron Leader’s Ex-Wife Faces Eviction

Published on: 05 August 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Squadron Leader’s Ex-Wife Faces Eviction

The ex-wife of an RAF squadron leader, who was still living in his married quarters five years after their relationship ended and he moved out, is facing eviction after failing to persuade the High Court that her lack of security of tenure violated her human rights.

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Temporary Occupiers Can Be Evicted Without Possession Order

Published on: 15 July 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Temporary Occupiers Can Be Evicted Without Possession Order

In a decision of crucial importance to public and social landlords, the Court of Appeal has reaffirmed the rule that they are not required to pursue possession proceedings in order to lawfully evict homeless people from temporary accommodation with which they are provided under a licence pending inquiries as to their status.

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Court Refuses to Block Listed Hospital Building Demolition

Published on: 30 June 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Court Refuses to Block Listed Hospital Building Demolition

Conservation groups fighting to save a listed former hospital building from demolition to make way for a state-of-the-art engineering block for Sheffield University have failed in a High Court challenge to the plans.

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Dismissed Pastor Must Quit Church-Owned Home

Published on: 17 June 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Dismissed Pastor Must Quit Church-Owned Home

A senior pastor who refused to move out of his church-owned home subsequent to his dismissal for having an extra-marital affair with a member of his congregation has been ordered to leave by the High Court.

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Procedural Irregularity not Sufficient to Eliminate Liability

Published on: 05 June 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Procedural Irregularity not Sufficient to Eliminate Liability

The tenants held five flats on long leases from the landlord and were required to contribute to their upkeep. When the landlord wished to undertake substantial works on the flats, a consultation process was triggered, requiring the landlord to provide information about the proposed works and costs.

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Court Limits Protection Against ‘Stale’ Service Charge Demands

Published on: 09 May 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Court Limits Protection Against ‘Stale’ Service Charge Demands

In a case where a flat tenant objected to being charged for gas supplies up to seven years in arrears, the High Court has ruled that, on a correct interpretation of section 20B of the Landlord and Tenant Act 1985 Landlord and Tenant Act 1985, utility costs are ‘incurred’ not upon supply of services but when payment is demanded or made.

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Pregnant Nuisance Neighbour Sentence Cut

Published on: 08 May 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Pregnant Nuisance Neighbour Sentence Cut

In a case of interest to local authorities and social landlords, the Court of Appeal has ruled that a 12-month prison sentence imposed on a pregnant tower block resident who persistently caused a nuisance to her neighbours in breach of an anti-social behaviour injunction was excessive.

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Watercress Farm Development Receives Go-Ahead

Published on: 25 April 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

An attempt by an environmental campaigner to overturn planning permission granted for substantial structural improvements to a watercress farm has failed after the High Court rejected arguments that planners misunderstood and misapplied their powers, creating an opportunity for intensification of commercial activities on the site.

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Landlord Fined for Breach of Gas Safety Regulations

Published on: 04 April 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

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Student Block Does Not Need House in Multiple Occupation License

Published on: 02 April 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Student Block Does Not Need House in Multiple Occupation License

In an important ruling for private landlords of student accommodation, the High Court has ruled that a purpose-built block of self-contained ‘cluster flats’ does not require to be licensed as a house in multiple occupation (HMO) by the local authority in whose area it is situated.

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Chalet Owners Pay Price of Not Taking Legal Advice

Published on: 19 March 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Chalet Owners Pay Price of Not Taking Legal Advice

In a case which underlines the wisdom of seeking professional legal advice before entering into property transactions, a group of chalet-dwellers are facing a precarious future after the Court of Appeal ruled that they are 'mere licensees' who have no interest in the land on which their properties stand.

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Court Steps In to Save Widow from Eviction

Published on: 18 November 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a ringing example of the law stepping in to soften the sharp edges of bureaucracy, a local authority has been criticised by the Court of Appeal for its attempts to evict a young widow from the home she shared with her husband, who hanged himself.

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Planners Move to Protect Popular Shopping Street

Published on: 05 November 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Planners Move to Protect Popular Shopping Street

In a case which underlines the importance given by planners to protecting the retail character of urban shopping areas, a bank has failed to convince the High Court that it was wrongly refused planning consent to open a branch in a popular, boutique-lined, London street.

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Doctors at War Over Medical Centre Tenancy

Published on: 29 October 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Doctors at War Over Medical Centre Tenancy

A Court of Appeal ruling has opened a new chapter in a bitter landlord and tenant dispute between two doctors whose partnership collapsed after they fell out and who have since lavished more than £100,000 in legal costs arguing over which of them has the right to occupy their former premises.

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Delay Does Not Remove Tenant’s Rights

Published on: 28 August 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Delay Does Not Remove Tenant’s Rights

When a local authority ‘temporarily’ moved a tenant out of her flat so that it could be repaired, she looked forward to being able to return once the work was finished.

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Court Had No Power to Grant AIDS Sufferer a Temporary Home

Published on: 25 July 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Court Had No Power to Grant AIDS Sufferer a Temporary Home

In a ruling of practical and procedural significance to local authorities and social landlords, the Court of Appeal has refused to direct that an AIDS sufferer be provided with temporary accommodation pending his appeal against a decision that he had made himself intentionally homeless.

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Landlords to Help Immigration Enforcement

Published on: 08 July 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Landlords to Help Immigration Enforcement

In a move that will be unpopular with landlords, the Government is proposing that they will be required to conduct checks on tenants to ascertain the right of non-EEU citizens to reside in the UK.

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Debt-Ridden Irish Couple Refused Bankruptcy in England

Published on: 26 June 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

A couple who are facing debts in excess of € 70 million in Ireland following the collapse of their property investment business have failed to convince the Court of Appeal that they should be declared bankrupt in England on the basis that they have established their centre of main interest (COMI) in this country.

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Caring Daughter Must Quit Council Home Where She Was Born

Published on: 09 June 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Caring Daughter Must Quit Council Home Where She Was Born

In a case which starkly illustrates the occasional cruelty of the law, a loving daughter who devoted 20 years of her life to caring for her desperately ill and irascible mother is facing eviction from the home where she was born following a Court of Appeal ruling.

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‘Britain’s Biggest Mosque’ Plans in Jeopardy

Published on: 23 May 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Controversial plans to build Britain’s biggest mosque in east London have been put in jeopardy by a High Court injunction requiring cessation of the site’s use for religious worship. The London Borough of Newham successfully argued that the site had a history of repeated breaches of planning control and that the Islamic charitable trust that occupies it had failed to meet the terms of a binding planning agreement.

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Enforcement Notices Can Only Demand the Minimum

Published on: 08 May 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Enforcement Notices Can Only Demand the Minimum

In the context of a planning dispute in respect of the unauthorised conversion of a single dwelling house into three self-contained flats, the High Court has emphasised that enforcement notices must demand no more than the minimum action required to ensure compliance with planning control.

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Flat with Shop Underneath is not ‘A House’

Published on: 06 May 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Flat with Shop Underneath is not ‘A House’

In an important ruling for landlords and tenants, the court of appeal has decided that a shop with a flat above it could not reasonably be described as ‘a house’ within the meaning of the enfranchisement provisions of the Leasehold Reform Act 1967Leasehold Reform Act 1967.

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Landlords Beware as HMRC Change Rules

Published on: 18 April 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Landlords Beware as HMRC Change Rules

If you are a landlord offering longer-term lettings or furnished holiday lettings, you should be aware of the revised guidance contained in HM Revenue and Customs' leaflets BIM46900 and (furnished holiday letting only) PIM3200.

The guidance alters the tax treatment of different sorts of maintenance/repair expenditure.

View the guidance.View the guidance.

 

 

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Poorly Drafted Letter Led to Tenants Falling Out

Published on: 03 April 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Poorly Drafted Letter Led to Tenants Falling Out

A factual error in a letter circulated to tenants of a block of flats led to a lengthy court dispute that required the intervention of the Court of Appeal to resolve. The letter, which was drafted by a non-lawyer, had indicated that tenants were being invited to participate in the purchase of the property’s freehold whereas  the reversionary interest that was proposed to be purchased was in fact a long lease.

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Tribunal has Broad Power to Vary Leases to Achieve Fairness

Published on: 24 March 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Tribunal has Broad Power to Vary Leases to Achieve Fairness

The extent of the discretion of the Leasehold Valuation Tribunal (LVT) to vary the terms of leases to cure defects and achieve fairness between the parties has been clarified by the Upper Tribunal (UT).

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Daughter Cannot Inherit Deceased Mother’s Council Tenancy

Published on: 17 March 2013 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Daughter Cannot Inherit Deceased Mother’s Council Tenancy

A daughter has failed to convince the High Court that her eviction from the council home where her family has lived for more than 45 years would amount to a violation of her human rights.

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