A quick (this is a lie) thread on section 119 Building Safety Act 2022 - the all important ‘qualifying lease’ provisions. If a leaseholder qualifies, they are protected from costs of remediating relevant defects (on buildings over 11m high), at least up to the £10K/15K cap. But
If they don’t qualify, they are exposed to a full share of the potentially huge costs of remedial works through the service charge. So, this is vital. One might expect clarity on such an important threshold, might one not? Sadly, one would be disappointed.
Here’s the relevant part of s.119 (all assuming lease existed 14 February 2022, and the building is over 11m. Under 11m and the leaseholders have no protection whatsoever).
I’ll take this eg from Prof @RichardJMurphy rant of yesterday about ‘right wing’ lawyers to try to explain why he doesn’t understand (in dangerous ways) what lawyers do & why his handwaving today about ‘relationships of power’ is not an excuse for his failure to grasp rule of law
I’ve taken this example because it is an area of law I know very well.
Can a tenant be evicted by a court order without consideration of their circumstances? Yes, in England, for private sector tenants. That is the current law. A section 21 notice & accelerated possession claim
Is this the quickest and cheapest route for a private landlord seeking possession?
By & large, yes it is.
If a landlord goes to a solicitor for advice on evicting a tenant & that section 21 notice route is available on the facts, is the solicitor obliged to advise them of this?
Initial view of renters reform white paper. This is serious, substantive reform if carried through, which won't just scrap section 21 (and indeed fixed term ASTs), but completely re-write Schedule 2 Housing Act 1988 grounds
It will also effectively introduce a national landlord register (in England), and - it appears - re-write private housing standards requirements and tenant enforcement of them.
The new mandatory grounds of possession include some which will cause issues - particularly the 'at least two months of rent arrears, three times in the last three years' mandatory ground.
Fergus Wilson saga continues. After losing in claim by Ashford Council for an injunction to stop Wilson's harassment, he failed to pay costs ordered. Ashford got an ex parte freezing injunction on 5 properties, as Wilson selling. At the return hearing ashford.gov.uk/news/latest-ne…
Fergus Wilson, apparently now in receipt of a debt breathing space moratorium via Superior Insolvency Solutions (how?!), argued variously:
All properties and assets are owned by his wife, he had never been a landlord at all.
The 5 properties identified as in his name were fraudulently put in his name and actually belonged to his wife.
He hadn’t given false information to obtain the debt moratorium.
This, as with so many of Wilson’s appearances in court, did not go well for him.
Following on from a rather frustrating conversation last night and today, I think it needs to be made clear what the situation is with tenant acting housing solicitors. (At least the competent ones who don’t rip off tenants). The simple fact is we are all ->
- > (Law Centre or private practice) ridiculously busy. We run at capacity most of the time. We take on new cases as and when other cases are finished. While I understand people’s frustrations, my team get 30 or so new inquiries a day. - >
- > This means we just can’t take on very good and entirely meritorious cases. And people can’t get representation. Why not? Simple answer - there aren’t enough of us. The reason why there aren’t enough of us goes back to LASPO in 2013 (and earlier) - >
Govt amends to the Building Safety Bill added today. Read all! i) Scrapping Building Safety Manager, ii) scrapping building safety charge as separate charge to service charge, iii) providing that RMCs/RTMs will have a ‘building safety director’ who can be remunerated for it. 1/13
iv) excluding penalty charges, legal costs from special measures orders etc from service charge to leaseholders and allowing SoS to prescribe by regulations other unrecoverable costs, 2/13
v) excluding buildings purchased by leaseholders under right of first refusal or enfranchisement from being ‘relevant buildings’ where leaseholder owned, vi) specifying how the height of building is to be calculated, 2/13