Asked, but not necessarily answered

After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act – on which we will have a post shortly – there is a bit of a lull before the floods of new housing case law start up again. So, time for another trawl through the logs of search terms that brought people to nearly legal in the last month. Some can be answered, some are unanswerable and some are frankly bewildering…

how to wear a cravat
boldly and flamboyantly, with no sense of shame, or taste. There is no such thing as an ironic or indeed an amusing cravat.

mr. and mrs. borogove
While Mimsy and Slithy Borogove are a lovely couple, we don’t have their contact details on the site.

wat is likely 2 happen in my courtcase for illegal eviction?
Sadly, neither google nor we are privy to the details of your case. My best guess is that you will either win it, or lose it.

4 week decision for rent arrears for one shot deal
Eh?

gasman spying on tenants
It is an annual inspection. That is pretty intermittent as spying goes. But this leads on to…

shorthold tenancy gas leak
Should obviously be fixed immediately. Almost certainly this will be your landlord’s responsibility. If they don’t, then an injunction could be a possibility – see a housing solicitor or the local authority tenancy relations team.

right to withhold rent if you had no heating or hot water for more than 28 days consecutively
There is no right to withhold rent in these circumstances. If the landlord has been notified of the defect and failed to carry out works in a reasonable time (not very long for heating and hot water) and you have then notified the landlord that you will have the works carried out, enclosing a quote, and informing the landlord you will deduct the cost from the rent, you can then do just that. Otherwise, you could be able to pursue a claim for disrepair and an order for works. Depending on circumstances, you may be able to seek an injunction order to get the works done urgently. Damages will depend on the level of the rent, but won’t be 100% unless the property was completely uninhabitable.

failing to maintain guttering legal defination
Housing law is a complex and specialised area, but, complex as it is we haven’t actually come up with a specific legal term for defective guttering. I’ll add it to the ‘to do’ list. Meanwhile you may want to have a look at section 11 of the Landlord and Tenant Act 1985.

court cases landlord v tennants
Yup, we’ve got those here. Quite a few.

new housing law
Got that too.

asb focus magazine
There is a specialist magazine for ASB now? Blimey.

my tenant gave me a deposit for rent in advance does it have to be protected
If it is a deposit, yes. If it was genuinely a payment of rent in advance for specific months of the tenancy and was not to be used for any other purpose, possibly not, although I wouldn’t want to rely on the argument unless forced to. And have you considered that taking more than one month’s rent in advance may affect the periods of the tenancy?

can i sign a joint tenancy agreement at 17
As one of the joint tenants? No, not under 18, s 1(5) Law of Property Act 1925. It may be that the other joint tenant(s) would be regarded as trustees of your beneficial interest in the joint tenancy. See here.

tolerated trespasser in caravan on my land
I really, really doubt that whoever it is is a tolerated trespasser.

is i have rent arrears can i still get an emergeny transfer with lambeth
If the emergency transfer is refused, the answer has to be go to see a housing solicitor urgently. My view is that if a Council refuse an emergency transfer (on grounds of risk to the tenant’s safety) for reason of rent arrears, this would be a potentially judicially reviewable decision. If the refusal was a matter of policy certainly so. But as far as I recall, Lambeth don’t operate such an exclusion.

case study solicitor intention to mislead the court by bringinf false claim of rent arrears
It isn’t the kind of thing there are case studies of. Anyway, it wouldn’t be the solicitor bringing a false claim of rent arrears but rather their client. I suppose there may be an intention to mislead the court by the solicitor if the solicitor had been told by their client that the rent arrears alleged didn’t exist, but given that the rent arrears would have to be demonstrated to the court, this seems just a little bit unlikely. I have a feeling that this search came from an unsuccessful Defendant and that letters in green ink may be imminent.

56 mental health problems and cant succeed tenancy
Mental health problems would have nothing to do with rights to succeed, unless perhaps it is a question of capacity. But even then, the tenancy would be binding until contested.

lsc contracts what will happen now
I don’t know. Nobody I know knows. I am fairly confident that at this moment, nobody at all knows, including the LSC and the MoJ.

About Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.
Posted in Housing law - All, Various (non-housing) and tagged , , , , .

6 Comments

    • And congratulations on making our 4,000th (genuine) comment. No prizes at all, the glory should be enough ;-)

      Any Jay-Z homage was entirely accidental. I am of a different vintage and while I may know of Mr Z, I would not describe myself as familiar with his oeuvre. Now, where did I put my slippers?

  1. err nl – are you well? you appear to be giving sensible answers to random queries… is this your usual practice??? and have i in fact been drunk for the last x years?

    4002 ish – oh bugger; i was so close.

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