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commissioners decision needed – CH/3106/2004

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  • March 16, 2006 at 9:35 am #22016
    Anonymous
    Guest

    Hello,

    has anyone got a copy of CH/3106/2004 they can send me please?

    Any other CD’s covering payments to landlords when tenant is in arrears of 8 weeks or more also appreciated! (I have R(IS) 14/95 so far)

    I have a case where the tenant is witholding the rent because of repairs he says are needed on the property, but the landlord has complained against us not paying him directly due to the arrears, saying that we can only not pay him if we class him as not being a fit and proper landlord.

    The landlord is saying he will have to evict, but my understanding is that this is what the claimant wants, as the landlord will then have to address the repair issue if it comes to court.

    Thanks

    March 16, 2006 at 10:27 am #6369
    Kevin D
    Participant

    CD on its way to you.

    Seems to me that the L/L is being selective in his reading of [b:fc78c0bd05]HBR 95[/b:fc78c0bd05].

    The L/L’s argument appears to be based on [b:fc78c0bd05]para 3[/b:fc78c0bd05], which states:

    [quote:fc78c0bd05](3) Where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance no such payment shall be made direct to him under paragraph (1). [/quote:fc78c0bd05]

    HOWEVER, para 1b makes it equally clear that payment does not have to be made to the L/L [quote:fc78c0bd05]where it is in the overriding interest of the claimant not to make direct payments to the landlord.[/quote:fc78c0bd05]

    One other piece of caselaw that *may* be of help (haven’t checked for direct relevance) is:

    [b:fc78c0bd05]R v Liverpool CC ex p ARBOINE (1997) EWHC Admin 1073 QBD[/b:fc78c0bd05]

    related to::

    [b:fc78c0bd05]R v Liverpool CC ex p ARBOINE (1998) EWCA 1565[/b:fc78c0bd05]

    Arboine is available on http://www.bailii.org

    March 16, 2006 at 10:28 am #6370
    Anonymous
    Guest

    thanks very much Kevin

    March 16, 2006 at 10:32 am #6371
    Anonymous
    Guest

    Kevin – have sent you a pm

    March 16, 2006 at 3:15 pm #6372
    Kevin D
    Participant

    Jim,

    Not sure if you changed your mind, but there has been no pm so far.

    For info, I’ve e-mailed the CD to the addy I have previously used.

    Any probs, feel free to mail me on:

    k e v i n . p r o @ i c 2 4 . n e t

    Regards

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