Judges Discretion to Grant Possession Orders In the case of City West Housing Trust v Massey, Manchester and District Housing Association v Roberts [2016] EWCA Civ. 704 the England & Wales Court of Appeal considered joined cases where social landlords attempted to recover possession of properties which had been used for the cultivation of cannabis. […]

  Eviction During the Coronavirus Pandemic The Coronavirus Bill was introduced by the Government on 21 March 2020 and has already had its third reading in the House of Commons. Coronavirus Bill does not ban evictions Ministers last week promised a “complete ban” on evictions to allay the fears of renters facing a drop on […]

We recently acted for a landlord in relation to a tenants’ application for a rent repayment order and have now received the Tribunals decision. The tenant applied to the First-tier Tribunal (Property Chamber) for 12 months’ worth of rent to be repaid to them resulting from our client letting an unlicensed house in multiple occupation […]

Can a joint tenant drop out? A common question that arises from landlords and also letting agents is whether or not a joint tenant can surrender their tenancy and what impact this has on the other tenant. Historically, where more than one-person owned land, they owned the land either in common or jointly. Common ownership […]

Unsigned Section 21 Notice, valid or invalid? In the case of Barker v Hands [2007] EWCA Civ 869 a landlord served a notice on the tenant under section 21 of the Housing Act 1988. The tenant failed to the leave the property by the end of the notice period and the landlord subsequently issued a […]

A tenancy deposit scheme safeguards tenancy deposits paid in connection with shorthold tenancies. Landlords commonly require tenants to pay a deposit, as security for any damage that the tenant may do to the property. Chapter 4 of the Housing Act 2004 sets out the framework for tenancy deposits. The core purpose of Chapter 4 of […]

Take Notice!

18th July 2019 0

Hammersmith & Fulham LBC v Monk [1991] UKHL 6 (05 December 1991)  Though old, this case concerned the effect of a notice to quit  given by one joint tenant without consent of the other joint tenant in relation to a periodic tenancy. Mr Monk and Mrs Powell held a periodic tenancy as joint tenants at […]

Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch) The tenant operated a high-class art gallery from the ground floor and basement of a five-storey building in Mayfair.  Under the 20 years lease, the landlord reserved an express right to alter or rebuild the building, even if the gallery (or its use or […]

The Letting of Boats

6th June 2019 0

Renting boats may at first instance seem the same as letting property which is part of land, such as a house. However, the problem some landlords have faced is the determination of whether renting a boat creates a tenancy or a license. A tenancy creates interest in land, as the courts have found, a boat […]

Bali v Manaquel Company Limited, County Court at Central London (HHJ Hand QC), 15th April 2016. Mr Bali was the assured shorthold tenant of Manaquel Company Limited. A tenancy deposit was paid by Mr Bali to Manaquel in connection with the tenancy and the tenancy deposit was protected within the required 30 days. A section […]