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The Importance of Prescribed Information (Yet Again!)

Ayannuga v Swindells (2012) CA (Civ) 6 READ THE FULL IN-DEPTH ANALYSIS OF THIS CASE HERE Below is a news item summary of the case at the time. See the link above for analysis of this case.   There has been a couple of reports about this very important tenancy deposit scheme case (most notably see the nearlylegal blog here) that has ...

Homelessness – Section 21 Notices and Localism Act 2011

Homelessness Under part 7, Housing Act 1996, local authorities are under duties in respect of homelessness. A person is regarded as homeless if s/he has no accommodation available for occupation [1]. This includes if the person cannot secure entry to their property or if it consists of a moveable structure, vehicle or vessel designed or ...

Consent Charges on Long Leases and LVT Jurisdiction

As we have discussed previously, in most long leases (leases for 21 years or longer) a freeholder is entitled to require a leaseholder tenant to obtain consent from the landlord before sub-letting and to require the leaseholder to pay costs in relation to that consent. A tenant is only required to pay to the extent that the fee being charged ...

Plymouth City Council Planning Document Consultation Article 4 Direction

The Development Guidelines SPD provides further guidance and explanation to the adopted Core Strategy and is used to inform planning decisions. It helps to improve the quality of development in Plymouth by providing user-friendly planning guidance and enables applicants to better understand the planning criteria by which their application will

Private Land, Car Parking and the Protection of Freedoms Act 2012

A problem landlords sometimes face is cars unlawfully parking on private land. In particular for example, many of our properties are in a town centre location so it can become troublesome. We have found the most effective way to deal with the problem is where possible to rent out the land for use as car parking and let the tenants police it. ...

Unlicensed HMO and Service of a Section 21 Notice

If a house is let as an HMO and the HMO requires a licence but does not have one, a section 21 notice may not be served on any of the occupiers of the HMO as a penalty (amongst other penalties). Here we discuss what actions need to be taken by a landlord in order to be able to serve a section 21 notice. We only deal with mandatory licensing ...

Inspection Hatches Needed for Flues in Voids

Sometimes when a boiler has been installed in the past, the flue needed to run behind walls or through ceiling voids. However, when a gas safe engineer carries out the annual gas safety inspection, the engineer needs to see the flue. If you have a flue that cannot be seen in full, then, an inspection hatch is required to allow the engineer to

Door Handle Missing – Landlord and Builder Negligent

On 26th August 2007 the claimant, Miss Jasmine Alexander, was injured when the index finger of her left hand was caught in the front door of the block of flats where she lived. She suffered a traumatic partial amputation of her finger. The building contractor, Christopher Place, had been engaged by the landlord, Freshwater Properties Ltd, to ...

Missing Handrail – Landlord Held Liable for Fall

Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 (QB) is a personal injury claim which arises out of an injury that the claimant Mr Patrick Hannon (“Mr Hannon”) suffered when he fell whilst carrying out maintenance work to the central heating and hot water boiler at a house owned by the defendant Hillingdon Homes Limited (“Hillingdon”) (a ...

Minor Amendment to HMO Licensing Application Legislation

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(Amendment)(England) Regulations 2012 comes into force on 10 September 2012 and applies to England only. The regulations make a minor amendment to the Licensing and Management of Houses in Multiple Occupation and Other Houses ...