It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018, (version 2, or 4, depending […]
Category Archives: Disrepair
All disrepair related posts
Forthcoming…
In case you needed reminding (and don’t worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our thumbnail guide is here and some thoughts on ‘fitness’ in relation to Section 1 Defective Premises Act 1972 cases here. And MHCLG […]
Broken windows and temporary repairs.
Blue Manchester Ltd v North West Ground Rents Ltd [2019] EWHC 142 (TCC) I’m not going to go into great detail on this case, despite its various enticing complications – an iconic new Manchester building (pictured above), Carillion (the contractor on construction) going into receivership, and the idiosyncratic view of the Manchester weather of HHJ […]
Bits of news and things to respond to.
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 authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]
On sewer covers, gardens and responsibilities
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 house with a front garden. The tenancy began in […]
HHSRS Review
A company called RHE Global in Carmarthenshire has been appointed by MHCLG to conduct a review of the HHSRS. They want responses by 24th February to an online questionnaire (https://www.surveymonkey.co.uk/r/5KBYJDD) particularly from tenants and those organisations and services which provide support and advice to tenants. There are 17 questions – this does not appear to […]
Build defects and fitness for habitation
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 subsequently become otherwise significant because of a change in the […]
Fitness for Habitation – a thumbnail guide
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 Act 1985 sections 8 to 10 and […]
Finally! – Fitness for Human Habitation passes
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 comes into force 3 months from ‘being passed’, […]
Challenging service charges that aren’t yours, and views on housing in the courts
I’m not going to go into detail on Gateway Holdings (NWB) Ltd v McKenzie & Anor (LANDLORD AND TENANT – SERVICE CHARGES) [2018] UKUT 371 (LC) but it does set out a point of principle. Ms McKenzie, the current leaseholder, sought to challenge service charges which had been demanded from (and paid by) her late father, […]
