Rent Repayment Order From Superior Landlord Housing – Rent Payment – Whether A Rent Repayment Order May Be Made against A Superior Landlord – – application to strike out claim for rent repayment order – ss. 40, 41 Housing and Planning Act 2016 – appeal dismissed‘the FTT does have jurisdiction to make a rent repayment … Continue reading Rakusen v Jepsen: UTLC 11 Nov 2020
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT LON – 00AG – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 July 2022; Ref: scu.674408
Housing – House In Multiple Occupation Held: An application for a rent repayment order could be made against a superior landlord (here the freeholder) despite the applicants never having been in the relationship of landlord and tenant or licensor and licensee with that person. Citations: [2019] UKUT 311 (LC) Links: Bailii Jurisdiction: England and Wales … Continue reading Goldsbrough and Another v Ca Property Management Ltd and Others: UTLC 29 Oct 2019
UTLC HOUSING – houses in multiple occupation – landlord and tenant – rent repayment order – person having control – appropriate person to repay rent – ss 61(7), 72(1) and 73(5) Housing Act 2004 – appeal dismissed.A rent repayment order was made against the immediate landlord of the occupational tenants although the landlord had only … Continue reading Urban Lettings (London) Ltd v London Borough of Haringey: UTLC 5 Mar 2015
The House considered a purchase notice under section 19(1), Town and Country Planning Act 1947, which turned on the second limb of the definition of ‘owner’ because the land in question was not let at a rack rent. Lord Reid considered a chain of leases and subleases where several were at a rack rent and … Continue reading London Corporation v Cusack-Smith: HL 1955
HOUSING – RENT PAYMENT – whether a rent repayment order may be made against a director of a company landlord – s.251, Housing Act 2004 – ss. 40, 41, Housing and Planning Act 2016 – appeal dismissed Citations: [2022] UKUT 11 (LC) Links: Bailii Jurisdiction: England and Wales Housing Updated: 02 February 2022; Ref: scu.671191
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
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