Occupation, Abandonment and Only or Principal Home

Introduction For a tenancy to be an assured shorthold tenancy, it must be the only or principal home of at least one of the tenants (if more than one) section 1(b) Housing Act 1988 This means that the tenant of an assured shorthold tenancy may have two homes because...

Serving a Section 21 Notice if Deposit Protected Late or Never

From 6 April 2012, there is a new procedure to be followed in respect of serving a section 21 notice if a deposit has been received but not protected within 30 days. In addition, prescribed information must be considered before serving a section 21 notice. Deposit...

Building Regulations Compliance is Material Interest for Tribunal

Hanlet v Tameside Metropolitan Borough Council [2010] UKUT 351 (LC) If something complies with building regs (or could easily be made to comply) this is a “material consideration” for a tribunal. Paragraphs 25 and 26 of the decision summarises the case without need...

Imminent Risk, Emergency Remedial Action and Excess Cold

Bolton Metropolitan Borough Council v Patel [2010] UKUT 334 (LC) This appeal to the Upper Tribunal (Lands Chamber) was in relation to the interpretation of “imminent risk” which is a requirement of emergency remedial action or an emergency prohibition order. However,...