Tag Archive for 'quantum'

Getting Plastered

By NL on 19/05/2011. 4 Comments

Grand v Gill [2011] EWCA Civ 554

Farewell to the Heygate 1At the risk of being mocked, or shunned, I must confess myself to be throughly excited. A Court of Appeal disrepair case! And on one of the great unknowns of disrepair liability to boot! Obviously, my wedding day 8 years ago counts as being more exciting, but that excepted… This is rarer than hen’s teeth, rarer even than a meaningful engagement with a consultation by the ConDems, so even if you don’t do disrepair cases, enjoy the scarcity value.

This was an appeal by the Claimant, the tenant Ms Grand, against the trial judgment awarding her £5,600 general damages for disrepair and breach … Read the full post

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

On crowbars and considered conduct

By NL on 09/02/2011. 2 Comments

Strydom v Fowler. Brentford County Court 24 November 2010

A County Court case involving possession, unlawful eviction, trespass and Housing Act 1988 s27 and s28. Our thanks (as ever) to the Legal Action ‘Recent Developments in Housing Law’ for this one.

Mr F was the assured shorthold tenant, on  what had become a statutory periodic tenancy. The landlord was Mr S. Mr F built up rent arrears, eventually agreed at £2189, after the deduction of the deposit. On 16 May 2008, Mr S began possession proceedings, alleging rent arrears and damage to the property. At about this time, Mr F texted Mr S saying  that he would be ‘out in two … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , .

Get Set (Off)

By David Smith on 21/01/2011. 0 Comments

Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch)

This case was mentioned in the most recent edition of Legal Action’s Housing law update but it is not a housing case. Bear with Legal Action and us however as the case is useful. What is in there is a full discussion and explanation of the right of set-off and how it works.

The facts of the case are not particularly important but in summary there was a dispute between the two sides which left the Claimant being owed a sum of money in Pounds Sterling by the Defendant’s while the Claimant owed … Read the full post

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

Catching up with 2010 Part 1 – disrepair

By NL on 07/01/2011. 4 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: , , .

Not fixing a hole where the rain gets in…

By NL on 18/07/2010. 0 Comments

Horridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777

Continuing a brace of nuisance cases, we have this appeal from a split trial on liability on a nuisance claim. The properties involved are both commercial premises, but the principles and issues involved are equally applicable for residential properties.

Horridge (H) and Downshire House (D) occupied adjoining premises. H’s single storey building abutted D’s taller one such that H’s roof was supported but timber purlins set into the wall of D’s building. One of these purlins fell away from the wall, such that the roof subsided and pulled away from the wall, allowing water penetration into … Read the full post

Posted in FLW case note, Housing law - All and Nuisance. Tags: , , , , , .

Illegal eviction and the police

By NL on 11/07/2010. 4 Comments

Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010)

The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They either do nothing, saying that it is a civil matter, or on occasion remove keys from the tenant. In this case, reported in July’s Legal Action Housing Updates, for which many thanks, the police did take further steps. Unfortunately, they took steps in entirely the wrong direction and ended up paying for it.

Mr Naughton had been occupying a property for some 15 months. In March 2006, Ms … Read the full post

Posted in FLW case note, Housing law - All and Unlawful eviction and harassment. 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: , , , , .
row of sheds footer image
3 pages