Comments on: Quantum in Disrepair http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/ Housing law news and comment Tue, 07 Feb 2012 09:56:35 +0000 hourly 1 http://wordpress.org/?v= By: Illegal Eviction and Disrepair damages | Nearly Legalhttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1154 Illegal Eviction and Disrepair damages | Nearly Legal Thu, 05 Jun 2008 22:21:37 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1154 [...] of rent following English Churches v Shine and Earle v Charalambous, rather than the Wallace scale, as I have suggested before. That said, although the report doesn’t give detail on the disrepair, 30% on the headline [...] [...] of rent following English Churches v Shine and Earle v Charalambous, rather than the Wallace scale, as I have suggested before. That said, although the report doesn’t give detail on the disrepair, 30% on the headline [...]

]]> By: Slimboyfathttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1153 Slimboyfat Tue, 02 Oct 2007 09:34:20 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1153 Thanks for the comments, I will begin my research in earnest! If there are any new angles I shall of course look to share them.....In the meantime, I shall leave no stone unturned in my pursuit for justice!!!! (I may also find some housing officers under those same stones as well!!) Thanks for the comments, I will begin my research in earnest!

If there are any new angles I shall of course look to share them…..In the meantime, I shall leave no stone unturned in my pursuit for justice!!!! (I may also find some housing officers under those same stones as well!!)

]]> By: contacthttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1152 contact Mon, 01 Oct 2007 19:15:17 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1152 Ah OK, slimboyfat. I was wondering if you had a new take. You might want to have a look at Lee v. Leeds B.C.; Ratcliffe v. Sandwell B.C. [2002] EWCA Civ 06; [2002]H.L.R. 17, which effectively said that it was not necessary to re-interpret s.11 L&T in view of Art 8, insofar as tenants were not left without a remedy (either s.11/tenancy agreement or via EPA 1990 on nuisance). The CoA rejected the argument that the HRA imposed a separate duty on Local Authority Landlords. The only exception <i>might</i> be an extreme case that wasn't addressable under s.11 and/or the EPA. Art 14 - arguably the same - could be done via a discrimination claim, so no need to have recourse to HRA and certainly needs evidence. Ah OK, slimboyfat. I was wondering if you had a new take. You might want to have a look at Lee v. Leeds B.C.; Ratcliffe v. Sandwell B.C. [2002] EWCA Civ 06; [2002]H.L.R. 17, which effectively said that it was not necessary to re-interpret s.11 L&T in view of Art 8, insofar as tenants were not left without a remedy (either s.11/tenancy agreement or via EPA 1990 on nuisance). The CoA rejected the argument that the HRA imposed a separate duty on Local Authority Landlords. The only exception might be an extreme case that wasn’t addressable under s.11 and/or the EPA.

Art 14 – arguably the same – could be done via a discrimination claim, so no need to have recourse to HRA and certainly needs evidence.

]]> By: slimboyfathttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1151 slimboyfat Mon, 01 Oct 2007 16:32:33 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1151 We were thinking it could be another item to plead i.e art 8 & 14 for example. Right to respect,home etc, clearly the authority is interfering and art 14 is an interesting one to argue..."national or social origin" I know of housing officers who are quite happy to place these tenants in a catagory that is in their view reflecting the class of people they are supposed to serve. Without going into too much detail, I feel there would be little to lose anyway? I an sorry to not include as much detail as I could with this reply but I am rushing to produce some PoC's as we speak...just deciding to tick the box or not!! We were thinking it could be another item to plead i.e art 8 & 14 for example. Right to respect,home etc, clearly the authority is interfering and art 14 is an interesting one to argue…”national or social origin” I know of housing officers who are quite happy to place these tenants in a catagory that is in their view reflecting the class of people they are supposed to serve. Without going into too much detail, I feel there would be little to lose anyway?

I an sorry to not include as much detail as I could with this reply but I am rushing to produce some PoC’s as we speak…just deciding to tick the box or not!!

]]> By: contacthttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1150 contact Sun, 30 Sep 2007 20:44:39 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1150 Certainly, there are no shortage of horror stories on Local Authorities' failures to repair. But I'm not sure what you are thinking about in ticking the HRA box. What kind of breach and how would this go beyond the s.11 and contractual repairing liabilities? Certainly, there are no shortage of horror stories on Local Authorities’ failures to repair. But I’m not sure what you are thinking about in ticking the HRA box. What kind of breach and how would this go beyond the s.11 and contractual repairing liabilities?

]]> By: Slimboyfathttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1149 Slimboyfat Sun, 30 Sep 2007 15:19:19 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1149 Sorry a slight deviation regarding disrepair issues here, I do hope you all dont mind too much......But folks, it is that time of year again.... for the lowly disrepair lawyer (although the summer rain fall highlighted many dodgy roofs and business boomed) the nights draw in, the temperature drops and despite complaining time after time, many local authority tenants realise that they face yet another winter of misery due to the state of their home (landlord calls this a property, it's far less personal) As a "very late to the law" convertee doing disrepair claims amongst other bits and bobs, I struggle to reconcile the attitude of these chaps and chappettes in local authorities (I hold rather unsavoury thoughts about making them live in these conditions with their young families that they so readily seek to defend as "no impact on tenant". Lets see how they like it). They really do hold the view (as one LA surveyor stated to a client) "you are lucky to have a three bedroomed property". I'm sorry I have some ever so slight issues here as I am sure many others will! What to do?....... As an add on we were discussing ticking that little box on the N1 Claim form about HRA 1998. Would it help to rely upon "convention" rights contained within? Is there any point trying? I throw open this question, as quite simply, whilst I may consider myself adequate at my job (certainly dedicated), there is no substitute for experience as they say! There are many well qualified Counsel and Lawyers out there who, I am sure will have some very useful directions upon this point that will assist me. Whilst I am also sure that Defendant Counsel and Lawyers will also subscribe to this excellent site, I would, non the less be pleased to receive any comments on the merit of ticking the box or otherwise. And, if there is merit, maybe it's time to try to persuade the Courts that enough is enough. Putting on my layman's head " how can these *******s treat people like that?" Sorry a slight deviation regarding disrepair issues here, I do hope you all dont mind too much……But folks, it is that time of year again…. for the lowly disrepair lawyer (although the summer rain fall highlighted many dodgy roofs and business boomed) the nights draw in, the temperature drops and despite complaining time after time, many local authority tenants realise that they face yet another winter of misery due to the state of their home (landlord calls this a property, it’s far less personal)

As a “very late to the law” convertee doing disrepair claims amongst other bits and bobs, I struggle to reconcile the attitude of these chaps and chappettes in local authorities (I hold rather unsavoury thoughts about making them live in these conditions with their young families that they so readily seek to defend as “no impact on tenant”. Lets see how they like it). They really do hold the view (as one LA surveyor stated to a client) “you are lucky to have a three bedroomed property”. I’m sorry I have some ever so slight issues here as I am sure many others will!

What to do?……. As an add on we were discussing ticking that little box on the N1 Claim form about HRA 1998. Would it help to rely upon “convention” rights contained within? Is there any point trying?

I throw open this question, as quite simply, whilst I may consider myself adequate at my job (certainly dedicated), there is no substitute for experience as they say! There are many well qualified Counsel and Lawyers out there who, I am sure will have some very useful directions upon this point that will assist me.

Whilst I am also sure that Defendant Counsel and Lawyers will also subscribe to this excellent site, I would, non the less be pleased to receive any comments on the merit of ticking the box or otherwise. And, if there is merit, maybe it’s time to try to persuade the Courts that enough is enough.

Putting on my layman’s head ” how can these *******s treat people like that?”

]]> By: biguglyhttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1148 bigugly Thu, 20 Sep 2007 13:23:08 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1148 "Aporia" Now there's a word you don't come across often. Not knowing what it meant, I looked it up. It remains a word I shan't use often. “Aporia” Now there’s a word you don’t come across often. Not knowing what it meant, I looked it up. It remains a word I shan’t use often.

]]> By: calhttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1147 cal Sat, 15 Sep 2007 14:20:33 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1147 lolol, it's ok, we don't touch family law with a barge pole either. here we take great delight in doing mental health, welfare benefits, public law, education, community care, immigration and asylum, complaints against the police, planning.....oh and some poor sods get to do housing! :) So plenty to keep me happily occupied. you're right, it is indeed your eloquence and natural charm, and certainly not neighbour disputes, tenants rights or ASBIs that keep me here! xCal lolol, it’s ok, we don’t touch family law with a barge pole either. here we take great delight in doing mental health, welfare benefits, public law, education, community care, immigration and asylum, complaints against the police, planning…..oh and some poor sods get to do housing! :) So plenty to keep me happily occupied.

you’re right, it is indeed your eloquence and natural charm, and certainly not neighbour disputes, tenants rights or ASBIs that keep me here!
xCal

]]> By: There’s no proof!… « Charon QC…the blawghttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1146 There’s no proof!… « Charon QC…the blawg Sat, 15 Sep 2007 13:06:08 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1146 [...] Nearly Legal is finding Quantum to be a ‘bit of a sod’.  I tend to agree, but, here I applaud his efforts to represent UK Blawgers as a group of intelligent, reasoning, beings who do, occasionally, write a bit about law.  I feel inspired to do so myself… but not today, but will do so when the Policia Judiciaria state that I am no longer ‘arguido’. [...] [...] Nearly Legal is finding Quantum to be a ‘bit of a sod’.  I tend to agree, but, here I applaud his efforts to represent UK Blawgers as a group of intelligent, reasoning, beings who do, occasionally, write a bit about law.  I feel inspired to do so myself… but not today, but will do so when the Policia Judiciaria state that I am no longer ‘arguido’. [...]

]]> By: contacthttp://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1145 contact Sat, 15 Sep 2007 12:30:46 +0000 http://nearlylegal.co.uk/blog/2007/09/quantum-in-disrepair/#comment-1145 MarkP - Many thanks for the Wallace link, I've added it to the post.I don't know of any more recent disrepair books, sorry. I agree that the LAG book could do with an update. Cal - I am of course happy if I have helped turn housing law from something vile and bewildering into being loathsome and comprehensible. And I think that I am glad that you continue to read the blog, even if you haven't the faintest idea why (Could it be my charm, elegance and way with a bon mot? No? Oh.). But as one trainee to another, less of the 'little'. Stand tall, be proud and go on to do Family work instead. Good to hear Shala is being used successfully, by the way. MarkP – Many thanks for the Wallace link, I’ve added it to the post.I don’t know of any more recent disrepair books, sorry. I agree that the LAG book could do with an update.

Cal – I am of course happy if I have helped turn housing law from something vile and bewildering into being loathsome and comprehensible. And I think that I am glad that you continue to read the blog, even if you haven’t the faintest idea why (Could it be my charm, elegance and way with a bon mot? No? Oh.). But as one trainee to another, less of the ‘little’. Stand tall, be proud and go on to do Family work instead. Good to hear Shala is being used successfully, by the way.

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