Clik here to view.
A Housing Court – MHCLG have some odd questions for you.
And so the promised ‘call for evidence’ on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed...
View ArticleClik here to view.
Challenging service charges that aren’t yours, and views on housing in the...
I’m not going to go into detail on Gateway Holdings (NWB) Ltd v McKenzie & Anor (LANDLORD AND TENANT – SERVICE CHARGES) [2018] UKUT 371 (LC) but it does set out a point of principle. Ms McKenzie,...
View ArticleFinally! – Fitness for Human Habitation passes
The Homes (Fitness for Human Habitation) Bill passed Third Reading in the House of Lords on 19 December. If you are reading this on 20 December, it might even already be an Act, as it may receive royal...
View ArticleFitness for Habitation – a thumbnail guide
As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018. This is a quick (very quick) overview of the Act and how it works. For a more detailed version, there may well be a...
View ArticleClik here to view.
Build defects and fitness for habitation
Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don’t think we quite appreciated the general significance of the...
View ArticleHHSRS Review
A company called RHE Global in Carmarthenshire has been appointed by MHCLG to conduct a review of the HHSRS. They want responses by 24th February to an online questionnaire...
View ArticleOn sewer covers, gardens and responsibilities
Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to...
View ArticleBits of news and things to respond to.
Assorted things… MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 – or as they call it, ‘the Homes Act’. There are...
View ArticleClik here to view.
Broken windows and temporary repairs.
Blue Manchester Ltd v North West Ground Rents Ltd [2019] EWHC 142 (TCC) I’m not going to go into great detail on this case, despite its various enticing complications – an iconic new Manchester...
View ArticleClik here to view.
Forthcoming…
In case you needed reminding (and don’t worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our...
View ArticleOf new tenancy terms and unfortunate neologisms
It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then....
View ArticleLandlord’s access and actually turning up
New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC) What counts as ‘refusing access’, where a landlord has...
View ArticleNo isn’t an answer – access for works
Liverpool Mutual Homes v Mensah, County Court at Liverpool. 31 August 2017. (Thanks to Legal Action Housing Repairs Update May 2019 for this case) This is perhaps a rather obvious point, but reminders...
View ArticleClik here to view.
Misc – talking about Fitness, new section 21 notice, and leasehold shenanigans
This will be a busy few weeks for me on the Homes(Fitness for Human Habitation) Act. On the off chance that anyone wants to hear and question me and others on the Act, here are some dates and details:...
View ArticleOnce bitten, twice (or thrice) shy
Moorjani & Ors v Durban Estates Ltd & Anor (2019) EWHC 1229 (TCC) (and also extempore judgment of 30 July 2019, on Lawtel). We have encountered Mr Moorjani before, successfully establishing...
View ArticleClik here to view.
We need to talk about claims farmers…
This is something I’ve been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has...
View ArticleWhose windows are these?
As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA...
View ArticleIf you go down to the woods today
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It...
View ArticleClik here to view.
Between structural defects and structural repairs
(NB photo is of an entirely unrelated building.) A constant issue in disrepair (at least until the Homes (Fitness for Human Habitation) Act 2018 for tenancies) and in leasehold major works charges...
View Article“General incompetence”– Unlawful eviction and fitness for habitation
Hussein Ali Hadi Albu-Swalin v (1) Regency (UK) Ltd (2) Heartland Property Ltd (2019) County Court at Central London. 19 February 2019 We saw the appeal in this case here. I have since received a...
View Article