Archive for the 'Disrepair' Category

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Catching up with 2010 Part 1 – disrepair

By NL on 07/01/2011. 6 Comments

Part 1 of cases – mainly county court –  that we have missed or not heard of during 2010.

With our grateful thanks to Beatrice Prevatt of Garden Court for bringing these to our notice in her disrepair update at the HLPA conference:

Shazad v Khan. Birmingham County Court 26 August 2010

S was the tenant of a 3 bed house in which he lived with his wife and 5 children aged between 2.5 and 13 years. K was the landlord. Rent was £4200 per annum. S brought what appears to have been a counterclaim for disrepair for a period since 2005.

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW case note and Housing law - All. Tags: , , .

There’s no place like HMO

By NL on 28/12/2010. 2 Comments

A brief trip to the Emerald City, or rather Reading, where the Borough Council may have established a record for a fine for breaches of The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Housing Act 2004 Section 11.

An HMO at 33 London Road was found by Reading BC to be in terrible condition, with a leaking and collapsed ceiling, missing and broken windows, a defective fire alarm and a non-functioning WC. Improvement notices went unheeded and the saga had dragged on since 2007.

Millicent Okumo, the former landlord, was prosecuted and found guilty on 12 charges:

Six offences under Regulation 7 – failure to ensure

… Read the full post

Posted in Assured Shorthold tenancy, Disrepair, FLW article, Housing law - All and Regulation and planning. Tags: .

New evidence of disrepair – Ladd v Marshall revisited

By NL on 06/12/2010. 0 Comments

Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 (High Court Chancery Division) 20 July 2010 [Not reported elsewhere]

Perhaps apropos of J’s recent comments on RSLs  ’fighting daft disrepair cases‘, we have an update on what was a County Court disrepair claim against an RSL that we first reported here.

We are informed that Ms Herelle initially appealed that judgment to the High Court on, amongst other grounds, the basis that:
i) the Judge was wrong to consider that the disrepair was localised to specific areas in the flat and had not exacerbated condensation throughout the flat
ii) the Judge had ignored the expert’s evidence … Read the full post

Posted in assured-tenancy, Disrepair, FLW case note and Housing law - All.

I’m just venting

By J on 02/12/2010. 1 Comment

Bilgili v (1) Paddington Churches HA & (2) Pathmeads HA [2010] EWCA Civ 1341 (only available on Casetrack, so far as I can tell, but noted in the GC bulletin [edit: eventually appeared on Read the full post

Posted in Disrepair, Housing law - All and Uncategorized. Tags: , .

Fair limit on damages for ex-TTs?

By NL on 19/10/2010. 2 Comments

Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010

This case is reported in the October 2010 ‘Recent Developments’ in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act 2008 to have a period of tolerated trespasser-hood treated as a continuous tenancy with the replacement tenancy given on 20 May 2009 under the H&RA. This is for the purposes of a disrepair claim including a period prior to 20 May 2009.

Ms C had been a tolerated trespasser from about Feb 2001 following possession proceedings for rent arrears. In 2010, she brought a claim for disrepair and for … Read the full post

Posted in Disrepair, FLW case note, Housing law - All, secure-tenancy, Tolerated trespasser and Uncategorized. Tags: , .

An offer you can refuse*

By NL on 01/07/2010. 3 Comments

*but it remains open.

Not a housing post per se, but this case concerns Part 36 offers which are a vital tool in any disrepair or nuisance claim or counterclaim, so worth a brief note for practitioners.

Gibbon v Manchester City Council [2010] EWCA Civ 726

Two joined appeals on the issue of the construction of CPR Part 36:

In Gibbon, Machester had made an offer of £1,150 in settlement. G rejected that and offered £2,500. Manchester thereafter offered £1,500, the £2,500. G rejected both offers. Manchester then formally accepted G’s initial offer of £2,500 which had not been formally withdrawn in the interim. G then purported to withdraw … Read the full post

Posted in Disrepair and Various (non-housing). Tags: , .

All mimsy were the borogoves

By NL on 28/06/2010. 15 Comments

The Jabberwock of the tenancy deposit scheme came whiffling again, in the tulgey wood of Northampton County Court. This time it was the clause that catch to beware of. And there’s a disrepair claim in there too.

Paula O’Brien v Jacqueline Jones & Andrew Alexander (T/A Belvoir Huntingdon). Claim No 9KG00335 12/02/2010 [On Lawtel for some reason]

Ms O’B (hereafter B) was the assured shorthold tenant of Ms J (hereafter J), whose managing agent was Mr A (T/A BH) (hereafter ‘the agent’). The tenancy was ended by agreement on 19 December 2008. B had withheld the last two months rent due to her concerns about the condition of the … Read the full post

Posted in Assured Shorthold tenancy, Deposits, Disrepair, FLW case note and Housing law - All. Tags: , , , , .
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