There is still quite a bit of confusion regarding the recent decision in the case of the Office of Fair Trading (OFT) v. Foxtons (which I reported on here). One of the questions being asked is what exactly is the status now of clauses providing for commission on renewals? I should make it clear here…
Landlords up and down the land will be jumping with glee at the Office of Fair Trading (OFT)’s victory over Foxtons regarding their unfair contract terms. To read the background to this, see my previous posts here and here. The OFT was challenging the clauses under the Unfair Terms in Consumer Contracts Regulations 1999 (The…
Housing charity Shelter are jubilant after succeeding in saving the home of Paul Amanda Jackson of Shrewsbury, where they had lived for over 20 years. According to the BBC report, Mr and Mrs Jackson entered a sale and rent back deal with a company, Repossessions Stopped, in 2005 after getting into mortgage arrears. However two…
Most landlords know that after the fixed term of a tenancy has ended, if it is an assured or an assured shorthold tenancy, section 5 of the Housing Act 1988 intervenes and provides for a new ‘periodic’ tenancy to be created. This tenancy runs from month to month (if rent is paid monthly) or from…
This is a new case reported in the excellent Legal Action Magazine, Saad v. Hogan from the Brentford County Court. Ms Hogan paid her deposit, £1,000, in November 2005. Her tenancy was renewed in November 2007. In June 2008 the landlord brought proceedings for possession based on the serious rent arrears ground. Ms Hogan counterclaimed…
Landlords and property professionals will have been depressed to read an article by Oliver Romain in the excellent Landlord & Buy to Let Magazine, that the legal action brought challenging the merger of the Southern Private Landlords Association (formerly the National Federation of Residential Landlords) with the National Landlords Association, announced last year (and reported…
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NLA/SPLA case dismissed
No sooner do I write a post saying that a case looks to continue than I get an email telling me it has been dismissed! A news release on the NLA web-site here states: “On Thursday 21 May, His Honour Judge Pelling QC dismissed the legal challenges to the merger. He also ordered those who…