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Article 8: long residence unlikely to give rise to a defence
On the 1 November 2016 the Court of Appeal considered the case of Holley v Hillingdon LBC. Mr Holley continued to occupy a property owned by the local authority following the death of the tenant, his grandfather, who had previously succeeded to the tenancy.
Leaseholders of Foundling Court v (1) Camden LBC (2) Allied London (Brunswick) Ltd – Who should consult? Head landlord or intermediate leaseholder?
The recent decision of Upper Tribunal in Various Occupational Leaseholders of Foundling Court and O’Donnell Court, Brunswick Centre, London v (1) Camden LBC; (2) Allied London (Brunswick) Ltd and others provided helpful guidance in dealing with the consultation process under S.20 where there is an intermediate landlord and occupational leaseholders.
Raja v Aviram – Breach of covenant by leaseholder
This case involved the leaseholder, Mr Aviram, carrying out works to his flat, in particular replacing his boiler. The new boiler required a new vent and waste pipe to be installed. The lease prohibited works to the external walls without consent of the freeholder.
Moorjani v Durban – Court of Appeal Decision – Absent Leaseholder’s claim for damages arising out of disrepair
This case was considered by the Court of Appeal on 4 December 2015 and concerned a claim by the leaseholder for damages for disrepair when the leaseholder was not occupying the flat concerned for reasons unconnected to the disrepair.
Cain v Islington – Limits on leaseholder challenges
This case was considered by the Upper Tribunal on 25 September 2015 and concerned Mr Cain’s challenge to reasonableness of service charges over the previous 12 years. This is an important case as it provides scope for limiting the leaseholders ability to challenge the reasonableness of the service charges where the leaseholder has repeatedly paid the service charges in the past. Therefore, landlords should be aware of this case, particularly with a view to limiting the scope of challenges to the service charges by their leaseholders.
Deregulation and taking charge of your future
The deregulation measures relating to social housing in the Housing and Planning Act 2016 are going to have a more significant effect on the sector’s ethos and operation than any piece of housing legislation in the last 20 years.
Best practice: supporting witnesses to give evidence at Court
Any strong antisocial behaviour (“ASB”) case, whether the remedy sought be an Injunction or possession, rests on the presentation of detailed and compelling witness evidence at Court of both the incidents of ASB behaviour and the impact upon residents.
Merger code could help small providers show their worth
The last 12 months has seen unprecedented change in the social housing sector. In addition to the implications of last year’s summer Budget, the VRTB settlement and ONS reclassification, the government has shone the spotlight on housing associations for not using their public subsidy to build new homes.
Hyde Group and Sovereign HA complete stock swap
The Hyde Group and Sovereign Housing Association have completed a stock swap involving more than 1,400 homes.
Hey(gate) Good Looking
Congratulations are in order for L&Q. It has been announced that Trafalgar Place has won the Royal Institute of British Architects (RIBA) National Award.
RP Status secured for local authority controlled company
Loddon Homes Limited has recently received confirmation from the HCA of its registration as a for-profit Registered Provider
Prisoner Segregation
Devonshires Solicitors LLP has successfully defended a Judicial Review application to allow a prisoner to share a cell with her civil partner.