Property, Leasehold and Housing

Reasonable excuse - a defence to not licensing an HMO

Thurrock Council v Khalid Daoudi  concerned an appeal to the Upper Tribunal (UT) from the decision of the First-tier Tribunal (FTT) to cancel a £10,000 civil penalty imposed upon the respondent by the appellant for the offence of managing...

Can a caravan site be a protected site?

Can a caravan site become a “protected site” where planning permission was granted after date of occupation agreement? This was the question before the Upper Tribunal (UT) in  (1) Ms Sophie Dean (2) Ms Emily Haggart (3) Mrs Annabel Harding...

Heathrow Airport expansion ruled lawful

Did the Secretary of State’s failure to take account of the UK’s climate change commitments under the Paris Agreement render the designation of the Airports National Policy Statement (ANPS) and its accompanying environmental report favouring the...

New rules on applications for succession to tenancies

The law relating to the application to the Agricultural Land Tribunal (ALT) for succession on death of a tenant under the Agricultural Holdings Act 1986 has been tested by the case of  Daniel James Adams v Thomas James Cecil Jones,   which has...

What is the scope of the power to vary a manager appointment?

What is the scope of the power to vary the appointment of a manager and what is the position of a right to manage (RTM) company acquiring the right to manage after a tribunal-appointed manager has been appointed? This was the question asked before the Upper...

Increasing rent in cases of Assured Tenancy or Assured Shorthold Tenancies

To understand if, and when, a Landlord can increase the rent in cases of assured tenancies and assured shorthold tenancies (ASTs), it is important to be aware of the distinction between the two. Assured tenancies are much a story of the past as prior to the...

Was there a reason to award less than the full rent?

An appellant appealed to the Upper Tribunal from the decision of the First-tier Tribunal (FTT) saying that the amount awarded in relation to rent paid was too low. In the case of Chung Pui Chan v Harminder Singh Bilkhu & Kawaljit Bilkhu , the appeal...

Was service charge for the replacement of roof reasonable?

An appeal from a decision of the First-tier Tribunal (FTT) – about the reasonableness of a service charge for the replacement of part of the roof of the respondent’s flat – succeeded and the FTT’s decision was set aside in the...

Application for modification of covenant refused in fire damage case

An application failed for the modification of a restrictive covenant for the redevelopment of the site of a former house destroyed by fire, even though planning consent had already been secured. This was the finding of the Upper Tribunal in  Briant v...

Service charges were not recoverable in sheltered housing case

Appeals to the Upper Tribunal have been heard about the entitlement of the landlords of two supported housing developments to recover contributions towards the cost of providing accommodation for a resident warden in an apartment belonging to the landlord...
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