Author Archives: Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +

Disrepair: 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 order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).

For those carrying out disrepair claims under Conditional Fee Agreements, success fees ceased being recoverable from the Defendant, as did ATE premiums, but, despite … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance, secure-tenancy | Tagged , | Leave a comment

Disrepair: 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 quantum hearing on 28 March 2014 (there was a default judgment in October 2013).

Clark v Affinity Sutton Homes Ltd. Barnet County Court 4 April 2014.

Mr C was the assured tenant of ASH since 2004. The property was a one bedroom flat with an initial weekly rent of some £66.

There were problems with damp at the property. The expert’s report of May 2013 found:

[a] Leaking within the vicinity of the bathroom

[b] Dampness internally

Read the full post

Posted in assured-tenancy, Disrepair, Housing law - All | Tagged , | Leave a comment

Disrepair – 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 made?

Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.

Rahman v Sterling Credit Ltd [2001] 1 WLR 496 [Read the full post

Posted in assured-tenancy, Disrepair, FLW article, Housing law - All, Possession, secure-tenancy | Tagged , | 16 Comments

Job Ad

Shelter

Housing Solicitor
£33,127 pa, plus excellent benefits
Sheffield

Closing date: 22 April 2014

We’re looking for an accomplished housing solicitor to deliver a specialist legal casework service in housing law, to represent homeless people or people in housing need.

If your experience of housing litigation includes issues such as homelessness, security of tenure and possession proceedings, consider a move to Shelter. We provide the ideal environment in which to use your expertise to deliver a specialist legal casework service in housing law.

Benefits include 30 days annual leave, the possibility of flexible working and significant opportunities for learning and development.

Your key responsibilities:

• Provide professional legal advice and … Read the full post

Posted in Various (non-housing) | Tagged | Leave a comment

Not adding up

As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.

The Court of Appeal considered affordability and the proper approach to it in Farah v London Borough of Hillingdon [2014] EWCA Civ 359.

This was the second appeal of Hillingdon’s s.202 review decision upholding the first decision that Ms Farah was intentionally homeless from her private sector tenancy because she had failed to pay the full rent.

Ms F applied … Read the full post

Posted in FLW case note, Homeless, Housing law - All | Leave a comment

Let’s all talk about Wales

We don’t often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to.

Housing Law:
The Welsh Devolution Effect
1st May 2014

Cardiff Law School, Museum Avenue, Cardiff, CF10 3AX

 

A one day conference run by the University of Bristol Law School, Anthony Gold, and Arden Chambers examining the two major housing Bills in Wales, the Housing (Wales) Bill and the Renting Homes (Wales) Bill.

The Welsh Government is carrying through a substantial legislative programme reforming all aspects of housing and tenancy rights and responsibilities. These significant changes will ultimately lead to an effective separation of Wales … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Homeless, Housing law - All, Licences and occupiers, secure-tenancy, Various (non-housing) | Tagged | Leave a comment
css.php