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- J on Gonna get myself arrested
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- Service of Section 21 Before Deposit Protection But Within 30 Days | GRL Landlord Association on Early Compliance
- David Smith on Early Compliance
- industry Observer on Early Compliance
- S on Disrepair – counterclaims after possession order.
- Giles Peaker on Disrepair – counterclaims after possession order.
- SS on Disrepair – counterclaims after possession order.
- S Hopkins on Bedroom Tax: Pre 1996 claims exemption.
- Giles Peaker on Bedroom Tax: Pre 1996 claims exemption.
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Category Archives: assured-tenancy
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
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
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  1 WLR 496 [Read the full post
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.
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
I’ve added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page.
There is a Newcastle decision (Reasons here. Known as the Isos decision after the landlord who supported the appeal) which is a separated family decision. The appellant’s son stayed some 4 nights a week with him, but the mother was the one in receipt of child benefit. The Tribunal decided, despite the Council pointing out that the guidance they had received was that only the parent with child benefit should be the one not to face the bedroom tax, that the bedroom was clearly the son’s bedroom and that the appellant’s … Read the full post
The appellant had moved into the ’3 bedroom’ property on marriage. He and his wife had lived there. A second room was used as a bedroom for her daughters when they stayed over. the third room, 7’8″ by 9’5″, was always considered too small to be a bedroom and used as a storeroom. On the death of his wife, the appellant moved the bed out of the second room. he then later used it as a gym, following developing disability issues. It occasionally … Read the full post