Recent Articles

How To Ensure The Lowest Penalty After Deposit Protected Late

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 ...

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 ...

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

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 ...