The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – residential

Costs – First-Tier Tribunal

What is the position on the award of costs in the FTT? Previously, there was a strict £500 ceiling, with costs only being awarded if conduct was frivolous, vexatious or an abuse of process. The position was changed in 2013 when the £500 cap was abolished, and costs were allowed ‘if a person has acted unreasonably in bringing, defending or conducting proceedings’ (r13).

Subscribers only...
 

Admin charges – costs of proceedings

’A T of a dwelling in England may apply to the relevant court or tribunal for an order reducing or extinguishing T’s liability to pay a particular administration charge in respect of litigation costs.’

Subscribers only...
 

Abandonment – new procedure

A new procedure will allow private Ls (in England) to recover possession of assured shorthold properties without a court order if T has abandoned the premises. At the moment, it is possible to recover abandoned premises but the procedures are uncertain and these new provisions will give greater clarity.

Subscribers only...
 

Possession – deposit release?

On a residential property possession claim, can the court order the deposit holder to release the deposit to L on account of a judgment for rent arrears (ie without the consent of T)?

Subscribers only...
 

Housing – fixed penalties

Housing and Planning Act 2016 came into force on 6 April 2017, and allows LAs to ‘fine’ Ls by means of fixed penalties (ie financial penalties of up to £30,000). This applies to multiple occupation offences, and also the use of unlawful force to seek an eviction. Penalties are for each individual offence, so L could face multiple fines of up to £30,000 for multiple offences. Guidance is being issued as to the appropriate penalty for each offence.

 

Ts – credit card payment?

A note from PainSmith looks at the problems that can arise if T pays by means of credit card. The problem is that most credit card companies will refund money to the customer if the customer says the money should not have been paid. In that situation, L (or L’s agent) will end up out of pocket.

Subscribers only...
 

Right to buy – summary

The right to buy was introduced by HA 1980, and some 2m LA properties have since been sold under that scheme.

Subscribers only...
 

RTM – non-compliance

The CA recently considered the position where a right to manage company fell foul of the technical requirements of CLRA 2002 (which allows half or more of qualifying Ts to take over L’s management functions).

Subscribers only...
 

Energy performance – EPCs

A minimum EPC of E will be required to rent a residential property as from 1 April 2018. This will apply to all tenancies that begin (or are renewed on or after) that date. For existing tenancies, the rules will not come into effect until 1 April 2020.

Subscribers only...
 

Rats – whose liability?

Is L liable if there are rats or other pests in a rented property? In practice, the answer will probably depend upon whether the property is furnished or unfurnished, and whether the rats were present at the time the tenancy started (or have entered since).

Subscribers only...
 


Page 10 of 45

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

Resources

IAG International
In House Lawyer
MSI Global Alliance
Join the IBA now!
www.totallylegal.com