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Company Denied Costs of Improvement Notice Appeal

The Upper Tribunal (UT) has declined to set aside a decision of the First-tier Tribunal (FTT) not to make an order for costs in favour of a company which successfully appealed against an improvement notice served on it by the local housing authority under...

Landlord Granted Dispensation from Consultation Requirements

Under Section 20 of the Landlord and Tenant Act 1985 , where a landlord undertakes qualifying works with a cost of more than £250 per lease without consulting the leaseholders, the contribution from each leaseholder will be limited to that sum....

Appeal Against Penalty for Managing Unlicensed HMO Succeeds

The Upper Tribunal (UT) has upheld a landlord's appeal against a civil penalty imposed on him for managing an unlicensed house in multiple occupation (HMO). The property had five bedrooms which were let to individuals who did not form a single household....

Late Withdrawal of Right to Manage Objection Not Unreasonable

A landlord which withdrew its objection to a right to manage application shortly before the hearing of the application has succeeded in its appeal against a costs order made on the grounds that its conduct of the proceedings had been unreasonable . An RTM...

Landlords Had Reasonable Excuse for Failure to License HMO

A couple who let out a house in multiple occupation (HMO) have defeated an application for a rent repayment order under Section 41 of the Housing and Planning Act 2016 on the basis that they had a reasonable excuse for failing to license the property as an...

UT Upholds Decision to Appoint Manager of Block of Flats

The Upper Tribunal (UT) has upheld a decision to appoint a manager of a block of student flats under Section 24 of the Landlord and Tenant Act 1987 . The landlord of the block had let the flats to investment purchasers on long leases. A number of the...

FTT Did Not Have Jurisdiction to Determine Rents

Sections 13 and 14 of the Housing Act 1988 provide a statutory scheme for landlords to increase the rent payable under an assured periodic tenancy by serving notice of the proposed increase on the tenant, who may then refer the proposal to the First-tier...

Covenant Modified to Permit House's Use as Children's Care Home

The Upper Tribunal (UT) recently granted modification of a restrictive covenant to allow a house to be used as a children's care home . The house was on a small residential estate. All the houses on the estate were bound by covenants restricting their use...

Landlord Successfully Appeals Against Rent Repayment Order

The Upper Tribunal (UT) has upheld a challenge to a rent repayment order made against the landlord of a house in an area designated by the local authority as subject to additional licensing of houses in multiple occupation (HMOs). The landlord had let the...

Consultation Dispensation Granted for Urgent Works to Property

Under Section 20ZA of the Landlord and Tenant Act 1985 , a tribunal may grant a landlord dispensation from the requirement to consult tenants about significant works if it finds it reasonable to do so. Recently, a landlord who carried out urgent repairs to...
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