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Housing & Tenancy

Housing & Tenancy judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

AllowedFirst-tier Tribunal (Property Chamber)·15 Jun 2021

Pitch Fee Clarified and Assignment Validated in First-tier Tribunal Decision

AllowedFirst-tier Tribunal (Property Chamber)·27 May 2021

First-tier Tribunal Allows Recovery of Service Charge Arrears

The First-tier Tribunal varied the Management Order to allow the Manager to recover service charge arrears from landlords, finding it fair and practical to do so.

AllowedFirst-tier Tribunal (Property Chamber)·24 May 2021

Tenant Entitled to Reasonable Service Charges Based on Lease Terms

The First-tier Tribunal decided that a tenant is entitled to have service charges assessed for reasonableness and apportionment according to the lease terms. This includes adjustments for repairs and heating costs.

First-tier Tribunal (Property Chamber)·21 May 2021

First-tier Tribunal Orders Claimant to Pay Unreasonable Conduct Costs

AllowedFirst-tier Tribunal (Property Chamber)·19 May 2021

Tribunal sets £163/week rent for assured tenancy in London

AllowedFirst-tier Tribunal (Property Chamber)·10 May 2021

Tribunal sets £205/week maximum fair rent for assured tenancy in London

AllowedFirst-tier Tribunal (Property Chamber)·10 May 2021

Tribunal sets £720/month rent for assured tenancy in London

The Tribunal decided on a fair rent for a tenant under the Rent Act 1977, setting the rent at £720.00 per month, excluding certain costs but including service charges.

AllowedFirst-tier Tribunal (Property Chamber)·10 May 2021

First-tier Tribunal Sets Fair Rent Below Maximum Limit Under Rent Act 1977

The First-tier Tribunal (Property Chamber) decided on a fair rent for a tenant, setting it at £240 per week, which is below the maximum allowed under the law. This decision was made according to the Rent Act 1977 and related regulations.

AllowedFirst-tier Tribunal (Property Chamber)·10 May 2021

Tribunal Sets £8,900/year Fair Rent for Assured Tenancy in London

DismissedFirst-tier Tribunal (Property Chamber)·05 May 2021

Tribunal Determines Reasonableness of Service Charge for Flat Roof Repairs

The First-tier Tribunal ruled that the cost of reroofing a block of flats is reasonable and payable. The Tribunal considered factors such as the necessity of the works, the recoverability of costs under the lease, and the reasonableness of the costs for the work involved.

AllowedFirst-tier Tribunal (Property Chamber)·05 May 2021

Tribunal Grants £10,000 Lift Motor Room Works Dispensation Without Hearing in Brixham

The First-tier Tribunal granted permission for a landlord to bypass consultation requirements for urgent health and safety works at a property in Devon. The works were deemed necessary due to a rotting wall in the lift motor room. The Tribunal found no evidence of prejudice to the tenants and allowed the works to proceed without a hearing.

AllowedFirst-tier Tribunal (Property Chamber)·13 Jul 2021

Tribunal Grants £24,242.51 Fire Safety Works Dispensation Without Consultation

DismissedFirst-tier Tribunal (Property Chamber)·18 May 2021

Tribunal Rejects Manager Appointment but Bars Cost Recovery

In a recent case, the First-tier Tribunal denied the appointment of a manager but ruled that the landlord's legal costs would not be recoverable through service charges. The decision was based on the parties' ability to resolve issues through agreement.

AllowedFirst-tier Tribunal (Property Chamber)·14 May 2021

First-tier Tribunal Decides on Service Charge Apportionment

The First-tier Tribunal decided on how service charges should be split between tenants and landlords. The ruling was based on the Landlord and Tenant Act 1985 and confirmed that the current method of splitting costs is fair and reasonable.

AllowedFirst-tier Tribunal (Property Chamber)·12 May 2021

First-tier Tribunal Grants Dispensation for Safety-Critical External Wall Surveys

The First-tier Tribunal allowed a landlord to bypass certain consultation requirements for conducting external wall surveys, emphasising the importance of safety measures following the Grenfell tragedy.

AllowedFirst-tier Tribunal (Property Chamber)·12 May 2021

Claimant Successfully Acquires Right to Manage Premises

The claimant wanted to manage their own building instead of the landlord. They went to court because the landlord said they didn't follow the rules correctly. The judge decided the claimant followed the rules and could manage the building themselves.

DismissedFirst-tier Tribunal (Property Chamber)·10 May 2021

Tribunal Rules Tenant Fees Act Does Not Apply to Tenancy Deposit Withholding

The First-tier Tribunal decided that the Tenant Fees Act 2019 does not cover disputes about withholding tenancy deposits. The ruling is based on the Housing Act 2004.

AllowedFirst-tier Tribunal (Property Chamber)·07 Jul 2021

Tenants Entitled to LPG Cost Only, Not Additional Charges

AllowedFirst-tier Tribunal (Property Chamber)·15 Jun 2021

Tribunal Grants £5,692 Rent Repayment Order for HMO Without License in Bristol

AllowedFirst-tier Tribunal (Property Chamber)·12 May 2021

Landlord's Application for Lease Breach Granted by First-tier Tribunal

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