Retaliatory Eviction and Law Reform

The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather's private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. […]

A Thursday stuffed with housing stuff

A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one.  A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper Tribunal and may well be the first […]

More on post possession order disrepair counterclaims

This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah [2014] EW Misc B48 (11 July 2014) In this case, a […]

Condensation damp and saturated plaster

Learn to protect your company Just a quick note on a County Court disrepair trial with an interesting finding on damp plaster DR v Southwark LBC, Lambeth County Court 11 June 2014 DR had brought a claim for disrepair including for damp, saturated plaster to the external wall in the bathroom. There was, it appeared […]

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 […]

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 […]

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 […]

Incoming – bedroom tax and more.

Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they haven't got definite parliamentary time yet. (Not got a permanent Hansard link yet) Lord Freud: My Lords, I can […]

Repair liability and implied lease clauses.

This one has been sitting in my draft collection for a while, but, as Christmas fades towards the new year, it finally got done. For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings. Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 What kind of liability […]

A sign of things to come?

In the December edition of Legal Action, I noticed a decision from November 2012 (yes, 2012), called Miah v McGrogan [2012] EWCA Civ 1685 (Casetrack only). Mr Miah seems to have been the landlord of a house which had been let to a number of students. They complained about the condition of the property and, […]