I saw a mouse. Where?…

A semi-guest note on a pest infestation nuisance county court case involving leaseholders. Interesting on both liability and quantum. Ojo & Ojo v London Borough of Hackney. County Court at Clerkenwell & Shoreditch 4 November 2015 The Claimants were secure tenants of the Defendant from 1983 and became leaseholders in 1995. They lived in a […]

Over egging it.

NJ Rickard Ltd -v- Holloway (CA 03/11/2015) (Lawtel note of extempore judgment only so far) Sometimes winning isn’t enough… A cautionary tale, in all sorts of ways. This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The […]

Trial judge and costs. Ooops.

I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386. Mr Majid and Mrs Begum […]

Party like it’s 1957

1957 was an important year. Russell Endean became the first man to be out “handled the ball” in a Test Cricket match. Anthony Eden resigned and Harold Macmillan became PM. The Cat in the Hat was first published. And it was the last time that anyone updated the rent levels in the statutory covenants relating […]

As difficult as pulling teeth

Williamson v Khan. Birmingham County Court. Claim No: 3YS66585 (12 March 2015). Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that. (A full copy of the judgment […]

Well I wouldn’t start from here*

Davis Solicitors LLP v Raja & Anor [2015] EWHC 519 (QB) A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse. Davis Solicitors LLP (a sole practitioner practice run by Nancy Ballard, who appeared for the claimant) had acted for […]

Mystery Pre Action Protocols

There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords The Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential […]

Rising Damp

There is reason for Rigsby to look worried in Uddin & Anor v LB Islington (2015) CA Civ Div 10/03/2015 [Lawtel note only so far.] This was Islington’s appeal of a first instance decision awarding the tenants damages for breach of repairing obligations. The property was a maisonette on the basement and ground floors of a […]

Lord Justice Lewison and the Return of English

I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am thinking here of Spencer v Taylor (which we analysed here), […]

The revenge of retaliatory eviction law

After the Teather ‘revenge eviction’ member’s bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election. Well today, the DCLG announced the Government’s proposed amendments to the Deregulation Bill – just headed to the Lords before Third reading in […]