Unnoticed

Another Court of Appeal disrepair judgment! I can barely contain myself. And on a fairly important issue too. So.. Edwards v Kumarasamy [2015] EWCA Civ 20 Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr […]

Qualification criteria and allocations: An outlier?

In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council’s allocation scheme valid in circumstances which, I must say, did not seem propitious to the council.  The council’s new allocation scheme, which came in to force in September 2013, had a qualification criterion which required applicants to have a continuous residence for […]

Disrepair damages update

With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013 Claimant had been the protected tenant of a […]

Unlawful eviction and harassment quantum update

With grateful thanks to Jan Luba QC and HHJ Madge’s housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr Alabbas was Ms Uppelle’s assured shorthold tenant from April 2008. In April 2009, Mr A complained […]

Is there a maximum award for general damages arising under contract?

The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest […]

Hot, hot, hot

Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot. Thanks […]

Getting around Tuitt

Anti-social behaviour cases are one of the staple cases for the young barrister. If acting for landlords (whether local authority or housing association), they’re a great way to develop trial experience in a relatively low-risk environment. I say “low risk” because, for the most part, landlords have got quite good at these cases and courts […]

Too late for Art 8?

When should an article 8 defence be raised? And are there different kinds of social landlords, such that the analysis of Article 8 defences in Pinnock and Powell might not be applicable to all? These were questions in Lawal & Anor v Circle 33 Housing Trust [2014] EWCA Civ 1514. In what the Court of […]

“Every possible obstacle…”

As will be clear,  P (A Child: Use of S.20 CA 1989) [2014] EWFC 775 is a family law case, but one which crosses with housing law. My suggestion is that it sadly shows that Family lawyers, and indeed Family judges really need housing lawyers with them at all times. It also illustrates the sheer lengths […]

Of Penalties and Possession

Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit taken entirely before the tenancy deposit protection schemes came into force where […]