Who has the Material Interest?

Oyston v Leeds City Council – Valuation Tribunal for England – 4720M67692/244C  27 July 2011 This is a very interesting case that we represented the landlord at the Valuation Tribunal hearing and the paperwork leading to it (pro bono if I may add!) The main question being – if a tenant vacates a furnished property without giving proper notice, who is liable for council tax? Is it the landlord or the tenant until the tenant gives...

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Principle Home and “Residing with”

Islington LBC v Freeman [2009] EWCA Civ 536 Waller, Longmore and Jacob L.JJ. Note: This case will only have minor  effect on assured shorthold tenancies In 1999, the defendant’s father was granted a secure tenancy of a flat by the local authority. At that time, the defendant was living in her own property. In 2002, the father’s health deteriorated to the point where he needed assistance and the defendant stayed with him three nights a week....

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Tenancies that CANNOT be an assured (shorthold) tenancy

Schedule 1 of the Housing Act 1988 contains certain tenancies which cannot be assured or assured shorthold tenancies, for example resident landlords and tenancies where the rent payable is greater than £100,000 per annum. A brief list of the exclusions are: Tenancies entered into before commencement (of the Housing Act) Tenancies of dwelling-houses with high rateable values and where rent payable greater than £100,000 per year (£25,000 Wales...

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