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Who has the Material Interest?

Who has the Material Interest?

IMPORTANT: This case has been overruled by CT v Horsham District Council (HB) UKUT 617 (AAC). However, if you are using our tenancy agreements (since June 2013) then, the tenant will be liable for council tax in certain cases even when they are not occupying because no statutory periodic tenancy is created under our current agreements. ...

Fine for Newquay Landlord for HMO Management Breaches

At Bodmin Magistrates Court on 8 July 2011, Cornwall Council’s Private Sector Housing team successfully prosecuted Newquay landlord Karen Gamon of Toppers Hotel, 73 Mount Wise, Newquay for failing to comply with requirements of the Housing Act 2004 and the The Management of Houses in Multiple Occupation Regulations. During inspection of the ...

OFT evaluation of Foxtons case finds positive benefits for consumers

Letting agents industry warned to check their small print or risk enforcement action The OFT is warning the letting agents sector to check that their terms and conditions are fair and transparent as it publishes an evaluation of its consumer enforcement case against Foxtons for breaching the Unfair Terms in Consumer Contracts Regulations 1999

Under 35 Single Person Rate

Housing Benefit (Amendment) Regulations 2011 Currently, single people aged under 25 have their entitlement to housing benefit capped at the local housing allowance single room rate . In October 2010, the government announced that this would be extended to persons aged under 35. These regulations bring in the change from under 25 to under 35, ...

Taxpayers pay £12.7m to DPS

The Deposit Protection Service has received a 12.7m payment from taxpayers it has emerged. The revelation about the bail out was confirmed by Housing Minister Grant Shapps in a reply to a question in Parliament, asked by Chris Kelly, Conservative MP for Dudley South. The DPS make their money by using interest earned from deposited monies. ...

Plaster – Is it Part of Structure?

Grand v Gill EWCA Civ 554 (19 May 2011) The question of whether plaster on a wall is part of the "structure" (and therefore part of the landlords duty to keep in repair under section 11 Landlord and Tenant Act 1985) has been a long running one. Background to the question of whether plaster is part of the structure In Quick v. Taff Ely ...

Tenant Wins Right to Keep Chickens

Here is an example of one of those rare but great little stories which reminds us of the many laws that still remain but not often known about. Natasha Brooks, from Greater Manchester, kept two chickens (named Henny and Penny just in case you were wondering) in the back garden of her property, which is owned by New Charter Housing ...

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 ...

Right to Set Off

Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors EWHC 2366 (Ch) Set off One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant’s make a claim against the landlord for random disrepair issues, often never previously ...

When Does the Fixed Term End?

Mrs A Farrand v Ms V Ierardi Brentford County Court 24 June 2011 1UC03134 An interesting case which we assisted one of our members with, which if does nothing else, helps summarising the procedure to follow if an accelerated possession procedure doesn’t go according to plan. This case also illustrates that you could have a very ...