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Who is the Landlord?

Posted by on November 9th 2018 in Litigation, Property

Who is the Landlord?

Barrow and another v Kazim and others [2018]

This case is a useful reminder that the person serving a Section 21 Housing Act 1988 notice must be the ‘Landlord’ at the date the notice is given.

The Legislation

Section 21 sets out the procedure for a landlord to end an assured shorthold tenancy (‘AST’).

In accordance with Section 45 of the Housing Act 1988, Landlord means:

any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured...

Practitioner's Insight: Recording Hearings

Posted by on November 1st 2018 in Employment

The question of whether or not an employer or an employee is allowed to record a meeting (such as a disciplinary or capability hearing) is something which we are commonly asked in practice, usually after the event has taken place.

With GDPR at the forefront of people’s minds, employers are treading carefully in relation to this. But often recording a meeting, with consent, can be helpful for both employers and employees as it gives a contemporaneous and non biased, factual account of what was said in a meeting.

From an employee’s perspective, it is tempting to covertly record meetings such as disciplinary...

Phillip Green Exposed by Parliament

Posted by on October 31st 2018 in Blog Posts, Employment

The news coverage has been widespread following Sir Phillip Green being named by Lord Hain in Parliament as the “leading businessman” who obtained a privacy injunction to prevent media publication of allegations of sexual harassment and racism made against him by former employees.

The Telegraph reported that they had been “gagged” from naming a “leading British businessman” after he took out an injunction to prevent them reporting on allegations of sexual harassment and racial abuse raised by employees.

In all five cases in question, the complaints raised by former employees had been "compromised by settlement agreements" under which "substantial payments" were made.

Morrisons PLC Upheld by the Court of Appeal

Posted by on October 26th 2018 in Blog Posts, Employment

Morrisons PLC Upheld by the Court of Appeal

Decision of the High Court in Various Claimants v Vm Morrisons Supermarket PLC Upheld by the Court of Appeal

Morrisons has lost its challenge to the Court of Appeal against a 2017 ruling which established it was a vicariously liable for the actions of an disgruntled ex-employee who deliberately commited a data breach that saw approximately 100,000 of his co-workers' personal data posted online. Morrisons' management took action within a few hours of being notified of the breach to have the data taken down.

Background

In January 2014 Mr Andrew Skelton, a...

The Process of Buying the Property in the UK (Russian Language)

Posted by on October 25th 2018 in Property

 

Landlords; Reminder to Obtain HMO Licence

Posted by on October 9th 2018 in Blog Posts, Litigation

The government has extended licensing provisions from 1 October 2018; this means that landlords who let out properties with any number of storeys that have 5 or more tenants, who aren’t related, and who share facilities like kitchens or lavatories, will require a licence from the local housing authority.

The government believes that the new rules will help to protect at least 850,000 more people in privately rented homes, from poor living conditions and overcrowding.

Failure to obtain a licence means that landlords could face enforcement action.

If you have a house in multiple occupation (“HMO”),...

Breaching a Lease Covenant

Posted by on October 8th 2018 in Blog Posts, Litigation

Breaching a Lease Covenant

Reiner & Anor v Triplark Ltd [2018] EWCA Civ 2151; a tenant of a flat, had breached a lease covenant for failing to obtain consent to assign her lease, despite the right to manage company failing to comply with statutory requirements.

In the above recent case of Reiner (4 October 2018), the tenant had requested consent to assign her lease, from the right to manage company (“RTM”) for the flats. The sole director of the RTM was the buyer. The RTM deliberately failed to notify the landlord of the proposed assignment in accordance with section 98(4) of the Commonhold and Leasehold...

Theresa May: EU migrants will not get preferential treatment post-Brexit

Posted by on October 2nd 2018 in Blog Posts, Employment

Currently all European Union (“EU”) nationals can live and work in the UK under the Union’s rules regarding free-movement of people. However, post-Brexit plans announced by Theresa May at the Conservative Party Conference today indicate this will all change once the UK leaves the EU.

The proposals would mean that applicants from any country (including those within the EU) will have to meet certain requirements, such as a salary threshold. This system would therefore be geared in favour of more highly skilled workers, and not just based on their country of origin.

Successful applicants would also still be entitled to bring their...

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Posted by on October 1st 2018 in Blog Posts, Employment

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Theresa May has announced planned legislative action aimed at stopping high street chains deducting up to 10% from tips received by their staff. Theresa May said of the Government’s plans:

We will introduce tough new legislation to ensure that workers get to keep all of their tips - banning employers from making any deductions. It's another way we are building an economy that works for everyone."

The current position

The stance restaurants take towards staff tips differs greatly, with some keeping all the tips, some taking a percentage, and some allowing their staff to keep all tips earned. There are also differences...

Parents who Lose a Child to be Entitled to Bereavement Leave

Posted by on October 1st 2018 in Blog Posts, Employment

Parents who Lose a Child to be Entitled to Bereavement Leave

Parental Bereavement (Leave and Pay) Bill received Royal Assent:

The Parental Bereavement (Leave and Pay) Bill (the Bill) introduced a new entitlement for parents to take leave following the death of their child. The proposals set out in the Bill were approved by Parliament on 13 September 2018, making the Bill now the Parental Bereavement (Leave and Pay) Act 2018 (the PBA 2018). This is the first piece of UK legislation that addresses this issue, aiming to support those who are affected by the tragedy of losing a child, and is expected to come into force from 2020.

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