MDC meaning

City of Bradford Metropolitan District Council v Kazi [2024] EWCA Civ 1037 What are the practical implications of this case? This ruling will be welcomed by local authorities nationwide, many of whom operate comparable policies. They can continue to apply those policies with confidence, while recognising they are guidance to be used flexibly in light of the facts of each case. Local authorities and the FTT should likewise keep to Marshall [54]: start from the policy and deviate only where a landlord has shown there are exceptional grounds. That said, they must remain alert to the policy’s aims and consider whether those aims will still be achieved if the policy is not followed. In this matter, having decided the second ground, the Court of Appeal declined to determine the first issue (para [47]). Interestingly, the judgment also signals agreement with the view that appeals under HA 2004, s 249A are not a vehicle for challenging a local authority’s housing policy, but only a means to contest a penalty...

In this issue Key developments and horizon scanning Electronic communications Trespass and adverse possession Disputes and remedies Service charges Rent and rates Contractual issues Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Key developments and horizon scanning Industry responses to Commonhold and Leasehold Reform Bill The Property Litigation Association has submitted evidence to the Housing, Communities and Local Government Select Committee on the Commonhold and Leasehold Reform Bill, concentrating on practical operation and drafting rather than overarching policy. It recognises that a ban on selling new leasehold flats would, in time, bring residential leasehold to a close, yet warns that leasehold remains a valuable framework—particularly for complex and mixed‑use schemes—and that retaining headlease‑level flexibility is vital for investor confidence. The Association considers the Bill a significant...

In this issue: Repairing obligations and dilapidations Disputes and remedies Residential tenancies Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Repairing obligations and dilapidations The Ministry of Housing, Communities and Local Government (MHCLG) has confirmed government intentions to consult on a refreshed Decent Homes Standard for the rented sectors. The consultation, slated to open as soon as possible, is designed to embed safe, secure accommodation as the expected baseline across social housing and the private rented market. See: LNB News 23/09/2024 4. The Regulator of Social Housing (RSH) has released findings from its latest quarterly survey on fire safety in buildings exceeding 11 metres within the social housing sector. The report sets out, on an aggregate basis, the position on fire safety remediation for stock held by registered social landlords...

The nature of pay and wages The heart of employment is payment in exchange for work: an employer has a duty to pay wages whenever the employee is ready, willing and able to perform, and this generally applies even if there is no work available at the time. As Lord Templeman explained in Miles v Wakefield MDC, work and wages are mutually dependent: the employer pays for work, and the worker provides labour for pay. If the employer refuses to pay, the worker need not work; if the worker refuses to work, the employer need not pay. To succeed in a claim for wages, the worker must assert, and be prepared to prove, that he worked or was willing to work The contractual framework must also be taken into account. Different treatment may arise where work is not done because of sickness, injury or another unavoidable impediment, which might be governed by express terms, implied terms, or by custom. For further information, see Practice Note: Pay and wages...