Corrections, omissions, blusters

Several notes/rantlets* There will be a new prescribed Section 8 Notice Seeking Possession in force from 6 April 2016. The regulations and new form 3 can be found here. This is a prescribed form, so must be used. A ‘where we are now’ story on homelessness involving a certain very central London Council came out […]

Job Ads – Birmingham and London

Community Law Partnership We have a vacancy for a Solicitor/Housing Caseworker (permanent) & a Solicitor/Housing Caseworker to provide maternity leave cover for up to 12 months in our central Birmingham office. For more information and to download an application pack visit our website http://www.communitylawpartnership.co.uk/noticeboard/vacancies Closing Date Friday 29 April 2016   TV Edwards LLP Housing/Community Care Solicitors and […]

Righting wrong writs. High Court enforcement.

This has been a bit of an epic. First, the problem of High Court Enforcement Officers using form N293A to obtain writs of possession against tenants was raised by us in November 2015, then the scale of that use became clear by January 2016, and there were updates in February. Now, the coup de grace […]

Bannisters that never were.

You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once… Sternbaum v Dhesi [2016] EWCA Civ 155 Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) Both can be dealt with fairly quickly and together, as the courts follow the […]

The Curious Incident of the Dog in the Night-Time

Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant’s nuisance (which they just aren’t, save for the extremely rare case in which the landlord has participated in […]

Of sink holes and strict liability

 Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB) Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why. Ms L was the tenant of Newark […]

Nor any drop to drink

This is potentially huge. There could be millions of pounds at stake and possibly many councils and housing associations affected. It might only mean a pound or so per tenant per week, but definitely 37,000 and potentially 375,000 tenants are involved, over periods of years. Jones v London Borough of Southwark [2016] EWHC 457 (Ch) […]

Scenes from a disaster

The Commons Communities and Local Government Select Committee has begun an enquiry into homelessness. The written submissions from Councils, charities, campaigners, professional organisations and others are a stark illustration of a homeless system that is, at least in some areas, in complete crisis – overwhelmed, unable to cope with rapidly rising demand, let alone provide […]

Job Ad – Brixton

Brixton Advice Centre Principal Housing Solicitor vacancy Full-time position. Salary up to £40,000 per annum Brixton Advice Centre is a dynamic independent advice centre in London. We provide publicly funded legal aid services in Housing and Community Care and are accredited with the Specialist Quality Mark in both areas of law. In addition, we provide specialist […]

Job Ad – Islington

Burke Niazi Solicitors is seeking to recruit a housing solicitor to join their team at the North London office in Islington. We have an established and respected Housing department and are seeking +3 years PQE housing solicitor who is already a LAA supervisor or meets the required standard.  Other property experience is a distinct advantage. […]