How To Ensure The Lowest Penalty After Deposit Protected Late
Since changes made by the Localism Act 2011 section 214 Housing Act 2004 now provides that where the court is satisfied that the deposit was not protected within 30 days (or prescribed information not given in that time-scale), the court must order the payment of between 1 and 3 times the deposit- (4) The court must order the landlord to pay ...
Running Holiday Lets Is Not a Business, Rules Tribunal
The tax man has fiercely contested claims from the estate of a holiday lettings partnership that the venture was a business. (more…)
Assignment by Tenant and Withhold Consent
Introduction A sub-letting of the whole term operates as an assignment. An assignment is different to a sub-letting because the estate in land is transferred from the first tenant to the new tenant. However, an assignment by a tenant is ineffective to pass the tenant's legal estate to the proposed assignees unless it is made by deed EWCA Civ
Tenancy Deposit Prescribed Information – Ayannuga v Swindells
We have already reported on the case Ayannuga v Swindells (2012) CA (Civ) 6 and in that article we promised to go slightly more in-depth with the case when we got a moment. As it turns out the summary was pretty close so we haven’t felt the need to rush this through. It is worthy of note that this case was decided under the previous version ...
Claiming compensation from a local authority
PLEASE NOTE: Please check whether you should appeal rather than claim compensation before continuing. Previously in this section, it is detailed what the legal position is if a local authority pay a tenant when they should have paid a landlord. A good example is where a landlord notifies the local authority that a tenant is more than 8 weeks
Imminent Risk, Emergency Remedial Action and Excess Cold
Bolton Metropolitan Borough Council v Patel 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, interesting comments were also made about assessments (highlights added): It is ...
New Credit Rating Service Tracks Buy To Let Rent Payments
Landlords are urged to sign up for a scheme that helps tenants build a credit rating every time they pay rent on time. (more…)
Eviction Does Not Breach Tenant Human Rights, Court Decides
A landmark ruling from Britain’s top court stops tenants from trying to stop an eviction by claiming making them leave their home infringes their human rights. (more…)
Couple of Interesting Cases
A quick blog entry to let you know of a couple of interesting cases we are currently dealing with. One of them is only potential at the moment. (1) We are now going to appeal on a housing benefit issue where the landlord increased the rent and the tenant was receiving Housing Benefit under the old rules. The tenant claims he was offered a job
Claims Of 100% Returns Held To Be Misleading
A property firm’s advertising claiming investors could make gains of up to 100% in 18 months on homes in London’s fashionable Docklands was declared as misleading by consumer watchdogs. The Advertising Standards Authority has order Newbuild Sales Ltd to change their advertising and to include an explanation to potential investors that ...