There was an interesting article in today’s Guardian on the legacy of Right to Buy, not exactly an in-depth piece, but featuring a number of the issues familiar to anyone who practicises in housing – from dodgy short term letting to major works charges on leaseholders. And above all, the lack of available decent stock for renting.… Read the full post
Monthly Archive for September, 2008
Regular readers of this blog will have read our comments on (in our view) a fairly poor example of service charge management by an RSL, entitled On the Naughty Step. To my surprise the RSL in question — Stadium Housing — have decided to appeal the decision.
This should prove interesting as they appear (so my information goes) to be appealing against
- the refusal by the chair of the LVT to recuse himself because he is a member of the Housing Law Practitioners Association
- the application of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1991/2083)
- the refusal by the LVT to estimate (one might say “invent”) service
Another in Nearly Legal’s sporadic attempts at being helpful to passing internet searchers. All the questions are genuine searches from the logs, including the rather puzzling ‘crinoline flint’, which perhaps gives more insight into the searcher than one might want. As ever, none of what follows constitutes legal advice and you should always consult a specialist solicitor before taking any steps.
So, by theme:
1. Disrepair
disrepair protocol costs
…are part of a claim. May I direct you to our post on Birmingham v Lee on recoverability of protocol costs where works are done pre-issue.
living in unihabitable property and the consequences for landlords
I would imagine a pretty substantial … Read the full post
NL may well feature more news of upcoming housing law events, seminars, workshops etc. etc. in the future. I have more or less decided that we’ll have a separate page for them. Anyone who wants their event etc. etc. listed on Nearly Legal is welcome to email the editor (use the ‘about’ page). But in the meantime…
Free Housing Law seminars in Oxford. At Nuffield College.
Large Lecture Room 1pm – 2.30 pm
21 October 2008
Professor Peter King – The Future of Social Housing
4 November 2008
Professor Steve Nickell – Housing Supply
18 November 2008
Professor John Muellbauer and Dr Anthony Murphy – House Prices
27 January 2009… Read the full post
The earlier post on this shared ownership possession case, Richardson v Midland Heart Ltd, (November 2007 Birmingham) attracted a lot of comment, some of it excitable and ill-informed (and much of that from me). Nearly Legal now has a copy of the judgment, and the benefit of time and reflection to go on.
Before we start, this was a County Court case, and apparently the appeal in this case is due to be heard on 5 & 6 November 2008. Also, apparently Midland Heart has not made the ‘voluntary payment’ of initial premium less arrears and costs (so not a lot) that was touted in previous press reports. (Thanks … Read the full post
Or an RSL behaving badly, again. And this time it’s personal…
21 Press House, Press Road LON/00AE/LSC/2007/0292 [pdf], an LVT decision. The landlord, Stadium Housing Association, were facing an application over hefty service charges made on an shorthold assured tenancy which was Part VII temporary accommodation for Brent Council.
How did Stadium Housing decide to defend the case? By attacking the integrity of the Tribunal. Stadium pointed out that the chair, Nik Nicol, was a member of the Housing Law Practioner’s Association (yes, Hlpa!). Stadium, via their counsel Mr Grundy, alleged that:
the purpose of Hlpa was to promote the interests of tenants [...] and it was as plain as
Harvey v Bamforth 8PA13344, HHJ Bullimore, Sheffield County Court, 8 Aug 2008
When we first commented on this case (here) we provoked quite a response. Thanks to to Mr Jones of Bury Walkers (who acted for Ms Harvey) we have now been provied with a transcript of the judgment. So – here is what it says.
Mr Bamforth was the assured shorthold tenant of a property owned by Ms Harvey. A deposit was paid to Ms Harvey via her letting agents. The deposit was lodged with TDS within 14 days of the start of the tenancy.
Rent arrears began to accumulate and, in January 2008 (the transcript says … Read the full post
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