Tag Archive for 'quantum'

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A bumper pack of unlawful eviction – updates from Legal Action

By NL on 15/06/2010. 3 Comments

In the second post of County Court cases you will already have read in June’s Legal Action Housing updates, we turn to unlawful eviction and harassment. And it appears to have been a rich few months in this regard, with no fewer than five cases to note.

Fakhari v Newman, Woolwich County Court 07/01/2010
Mr F granted Mr N a one year AST in May 2008. Monthly rent of £985 and one months rent taken as deposit. The deposit was not protected. The boiler in the property had problems from the start and broke down completely in December 2008. Mr N was without heating and hot water until … Read the full post

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

Disrepair Quantum – Ombudsman

By NL on 04/05/2010. 2 Comments

Local Government Ombudsman Report
Report ref 09 005 422

Harlow District Council

Ms S was Harlow’s secure tenant. Due to a leak, the ceiling in her daughter’s bedroom became damaged, in danger of falling and unsafe. Despite Ms S’s complaints, Harlow did not carry out repairs for 18 months, during which time her daughter either had to share her bedroom, sleep on the sofa or stay with friends. The daughter also had no private place to study, which affected her college work. Harlow denied liability for the cost of repairs, as did their contractors’ insurers, although the works concerned fell clearly under Harlow’s repairing obligations under the tenancy agreement.

The … Read the full post

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

Unlawful Eviction, exemplary damages and why people don’t like estate agents

By NL on 28/02/2010. 0 Comments

Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009.

This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of the nature and the character of the dramatis personae:

Mrs Islam – a homeless applicant housed by LB Redbridge on a non-secure tenancy and being the Claimant.
Mr Yap – a freeholder of the property, who granted a lease to Finebridge Lettings but appeared somewhat confused about the extent of his title and wished most ardently to sell the property to realise his … Read the full post

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

Condensed Condensation

By NL on 30/01/2010. 1 Comment

Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009

Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with the property since early in the tenancy including mould growth, an unpleasant odour and damp throughout the flat. SLFHA had carried out drylining to the rear bedroom and replaced damp wall plaster to an area of the hallway in 2006. Rotten window frames with fungal growth, present from an early part of the tenancy, were replaced in 2007.

The landlord’s repairing covenants in the tenancy agreement … Read the full post

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

Disrepair miscellany

By NL on 13/12/2009. 1 Comment

The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.

We’ve covered most of the cases here, but there are some others that are well worth a mention…

Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 for personal injury from a fall supposedly due to moss or slime on the front steps to the property. At first instance, presence of the moss was held not to be a breach of the landlord’s S.11 duties. The Claimant’s appeal to the Court of Appeal (or possibly the application for permission) … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance, secure-tenancy and Unlawful eviction and harassment. Tags: , , .

Unlawful eviction quantum again

By NL on 13/12/2009. 5 Comments

Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009.

The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction.

Mr A rented a room in a shared house from Mr K for £75 per week in January 2009. He paid £150 deposit and £150 advance rent. He shortly thereafter lost his job and told Mr K that he could not pay his rent nd was not eligible for HB. Mr K gave him a week to find work, then a further week, after which he would have to get out. An LA tenancy relations officer informed Mr K by letter that … Read the full post

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

Unlawful Eviction Quantum – from Legal Action

By NL on 19/10/2009. 2 Comments

Hunt v Hussain, Epsom County Court 31 July 2009 (LAG housing law updates October 2009)

As ever, the Legal Action housing law updates have some useful cases, this from the October 2009 issue. This is another of the reports on County Court judgments on unlawful eviction and harassment cases that are very useful in assessment of quantum.

Mr & Mrs Hussain were freehold owners of a house. Mrs Hussain granted Mr Hunt an assured shorthold tenancy of a room in May 2003 at £90 pw.

Mr Hunt lost his job and applied for housing benefit. Mrs Hussain told him he would have to leave. Despite a warning from the … Read the full post

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