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Hypothetical Tenant Doesn’t Count (12 April 2010)

 

When vacating premises at the end of a lease, the maximum amount of the tenant’s liability for dilapidations under the dilapidations clause will be based on the difference in value of the leased property in its repaired and unrepaired states.

 

 

No Duty of Care Owed to Social Housing Tenants (12 April 2010)

 

A recent Court of Appeal decision considered whether a local authority had a duty of care towards its social housing tenants.

 

 

Unclear Drafting Blamed for Dispute Over Right of Way (12 April 2010)

 

A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel of land. When the owner died, the property was divided according to the terms of her will. The consents which conveyed the land to the beneficiaries were unclear, however.

 

 

Accommodation pending review- Mohammed in action Dec 2009 (1 December 2009)

 

Thanks to the Garden Court housing bulletin for pointing to this one

 

 

Letting Agent’s Commission Terms Unfair (1 September 2009)

 

Unclear language in a letting agent’s standard terms and conditions has led to a contract being set aside by the High Court

 

 

Homelessness Continues If Accommodation Not Reasonable (1 September 2009)

 

Temporary hostel or refuge housing does not constitute suitable accommodation for determining whether a person is homeless, if the homeless person is expected to occupy it for a longer period than is reasonable

 

 

Tenant Cannot Force Council to Do Repairs (1 September 2009)

 

The Court of Appeal has recently ruled that a tenant who wishes to purchase his or her property under the ‘right to buy’ legislation cannot require the landlord to carry out remedial works to the property as a precondition of complying with a notice to complete

 

 

Housing Benefit Credit is Rent (1 September 2009)

 

The House of Lords has ruled that for the purposes of the legislation that applies when a council delays in dealing with a ‘right to buy’ application, a tenant whose rent is paid for him by way of housing benefit can be considered to be paying rent

 

 

New Leases for Tolerated Trespassers (1 July 2009)

 

Following a change in the law, a tenant can no longer have the status of a ‘tolerated trespasser’

 

 

Tenancy Deposit Protection Schemes – Landlords Beware (1 July 2009)

 

If you are a landlord, it is vital that you are aware of the requirement, introduced in April 2007, that all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales must be protected by a tenancy deposit protection scheme

 

 

Home Buyer Not Required to House Council Tenants (1 February 2009)

 

Children under 18 may be 'looked after' by local authorities under a number of legal arrangements

 

 

Landlord Error Means Service Charges Not Payable (1 February 2009)

 

Children under 18 may be 'looked after' by local authorities under a number of legal arrangements

 

 

House Owner Pays Price for Contract Failure (12 September 2007)

 

Failure to make contractual terms clear is a sure recipe for trouble and in construction contracts, where the sums of money involved can be substantial, getting the contract terms agreed up front is always sensible.