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Assorted things... MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 - or as they call it, 'the Homes Act'. There are separate guidance documents for tenants, landlords and local...
Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord's duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect. Ms R was Bolsover DC's tenant. The property was a...
Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) (For transparency, I acted for one of the interveners, the Residential Landlords Association, in this case.) This was...
Trecarrell House Limited v Rouncefield, County Court at Exeter, 13 February 2019 (unreported elsewhere) The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court...
This is another in what turns out to be an occasional series of unregulated, unqualified 'Evictions R Us' outfits making catastrophic errors and costing their clients large amounts of money. You may recall Kassam v Gill & Gill, featuring 'Remove a...
Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the...
Gibbs v Lakeside Developments Ltd (2018) EWCA Civ 2874 Oh dear... Behind the key point in this case lies a history of unfortunate things. But what fell to be decided by the court of appeal is whether, in a leasehold forfeiture case, the lessee could succeed...
Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don't think we quite appreciated the general significance of the case. We certainly didn't anticipate that it might...
As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018. This is a quick (very quick) overview of the Act and how it works. For a more detailed version, there may well be a forthcoming book... The Act amends the Landlord and Tenant...
The Homes (Fitness for Human Habitation) Bill passed Third Reading in the House of Lords on 19 December. If you are reading this on 20 December, it might even already be an Act, as it may receive royal assent on 20 December. The Bill/Act provides that it...
Quick couple of cases to note (no analysis), a bit of news and a job ad. Two linked appeals on out of borough/out of London Homelessness review decisions - Alibkhiet v London Borough of Brent v City of Westminster (2018) EWCA Civ 2742 Upper Tribunal (Lands...
A couple of things... MHCLG have issued an "Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings" to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide...