The Cold Renormalisation
Liverpool City Council v Kassim [2011] UKUT 169 (LC)A thank you to the EHP who brought our attention to this case. The full decision is also available as a pdf at the end of their post until the Lands...
View ArticleGiving 110%
We wouldn’t usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has – and is intended to have – implications far beyond PI. The case itself was an appeal arising out of a road...
View ArticleNo right of entry! (On vanished tenancies)
Well, there’s an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is:Landlord and Tenant Act...
View ArticleMind the Step 1 – Semi gloss
What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and...
View ArticleMind the Step 2 – The bannister that wasn’t
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come...
View ArticleShut that (undemised) door!
Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not?Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048This...
View ArticleMore on more on damages
Or Simmons v Castle round twoSimmons v Castle [2012] EWCA Civ 1288As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages (our report here) was...
View ArticleTempest Tossed?
Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?LB Hammersmith and Fulham v Carty is a County Court judgment reported on...
View ArticleLeases, repairs and ‘errors’
For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the...
View ArticleCold and wet… Disrepair quantum
Courtesy of Beatrice Prevatt’s disrepair update in the December 2012 Legal Action, here are a couple of County Court disrepair cases. Both proving the general rule which we have previously noted, that...
View ArticleLeasehold repair covenants and damages
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC)This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction...
View ArticleCouncil major works charge cap?
Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried...
View ArticleA sign of things to come?
In the December edition of Legal Action, I noticed a decision from November 2012 (yes, 2012), called Miah v McGrogan [2012] EWCA Civ 1685 (Casetrack only). Mr Miah seems to have been the landlord of a...
View ArticleRepair liability and implied lease clauses.
This one has been sitting in my draft collection for a while, but, as Christmas fades towards the new year, it finally got done. For the leaseholders in this particular appeal, it was, however,...
View ArticleIncoming – bedroom tax and more.
Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they...
View ArticleDisrepair – counterclaims after possession order.
Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion). Can a counterclaim for disrepair be brought after a possession order is...
View ArticleDisrepair: Damp and quantum
Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of...
View ArticleDisrepair: La luta continua!
2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an...
View ArticleCondensation damp and saturated plaster
Just a quick note on a County Court disrepair trial with an interesting finding on damp plaster DR v Southwark LBC, Lambeth County Court 11 June 2014 DR had brought a claim for disrepair including for...
View ArticleMore on post possession order disrepair counterclaims
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the...
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