Recent Articles

Section 48 Notice After Tenancy has Ended

Section 48 Landlord and Tenant Act 1987 requires a landlord to furnish by notice the tenant with his address in England or Wales at which notices (including notices in proceedings) may be served on him by the tenant. A failure to provide such an address results in any rent or service charge otherwise due from the tenant to the landlord shall ...
Four Court Cases Of HMO Criminal Offences

Four Court Cases Of HMO Criminal Offences

Overcrowded Shared house landlord Javeed Hossain crammed 10 tenants into a home licensed for six to safely live while ignoring fire safety measures. Magistrates at Uxbridge, Hillingdon, West London, fined him £11,000 for breaking house in multiple occupation licensing and safety rules. He was also ordered to pay costs of £1,004. Hillingdon

“External parts”, “windows”, “structure”, “drains”, etc.

External parts A covenant to repair the external parts of a demised house comprises the partition wall between it and an adjoining house, even though the wall is not exposed to the elements, because the external parts of premises are defined as those which form the enclosure of them, and beyond which no part of them extends. 2 All E.R. 43, ...

Tenant moving from old HB to LHA

As was reported here, we have been working very hard on a case where a tenant ceased claiming housing benefit under the old rules. Then, three weeks later claimed again which in our opinion should have gone onto the new higher LHA rate. However, Cardiff council refused and treated the new claim as continuous from the old and therefore the ...

Deposit Prescribed Information At Statutory Periodic Tenancy And Superstrike

As many will know, the case of Superstrike Ltd v Rodrigues EWCA Civ 669 says that when a statutory periodic tenancy arises, a new deposit is in effect received because the statutory periodic is a brand new tenancy. As a result, many commentators suggest that as a new deposit is received, new prescribed information must be given within 30 ...

8 weeks arrears, no set off allowed for repairs

Where repairs are required on a property, the tenant is entitled at common-law in certain circumstances to set off from the rent, any damages they may be entitled to as a result of the landlord breach of his duty to repair. However, where housing benefit is concerned, 8 weeks arrears refers to the contractual liability of rent and should not ...