T had lived in a self-contained bungalow in a sheltered housing scheme since 2008. L was a housing association and had not charged him for the cost incurred to maintain the grounds as the lease made no provision for its recovery through the service charge.
The SC considered the case of a T who occupied a property under an AST but fell into arrears and was evicted. T applied to the LA claiming homelessness and seeking assistance.
Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during the fixed term but it can be served during this time provided the date requiring possession is not before the end of the fixed term. Any deposit paid by T must be protected under the tenancy deposit scheme. We reported in our May 2019 edition (p26) that the government has proposed abolishing s21 notices to end no fault eviction of Ts, but as yet this has not been introduced.
At the beginning of a residential tenancy and when in receipt of a tenancy deposit, L has 30 days to give T various information including: the amount of the deposit, how it is protected and the name and contact details of the tenancy deposit protection scheme (DPS) – this is known as the prescribed information.
Since 1 February 2016, Ls (or their agents) have been required to check identification to establish the immigration status of all prospective adult Ts before the start of a tenancy.
Civil partnerships – heterosexual couples Tuesday, 10 December 2019 The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed Tuesday, 10 December 2019 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware Tuesday, 10 December 2019 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics Tuesday, 10 December 2019 An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing Tuesday, 10 December 2019 Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building Tuesday, 10 December 2019 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender? Tuesday, 10 December 2019 There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points Tuesday, 10 December 2019 Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant Tuesday, 10 December 2019 In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies Tuesday, 10 December 2019 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...
