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 […]
Category Archives: Disrepair
All disrepair related posts
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, […]
A Housing Court – MHCLG have some odd questions for you.
And so the promised ‘call for evidence’ on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this is the unveiling of any actual proposals. […]
The way of the Wilsons
With a sense of grinding inevitability, and a smidgen of schadenfreude, once more Fergus and Judith Wilson feature in these pages. (Here is the previous trail). This time, the appearance is for Judith Wilson being found guilty of failing to comply with a Housing Act 2004 enforcement order requiring her to remedy a defective hot […]
Who needs a wall anyway? Unfit to occupy and risk of collapse
Baillie v Savage (2018) EWHC 3035 Or, the significance of tenancy agreement clauses. A tenant had signed a two year tenancy on a house. There was no break clause. £34,000 in rent – for the full term – was paid in advance. After moving in, the tenant contacted the landlord’s agent to say that a front […]
Doing the same thing all over again
Sajid v Nuur (2018) CLCC, 30 July (Judgment here) A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available. Mr Sajid […]
‘How to rent’ updated (and other non statutory guides)
A new ‘How to Rent’ Booklet was released today (26 June 2018) by MHCLG. This version must be provided to the tenant by the landlord (not just a link) for all new assured shorthold tenancies and replacement ASTs (including statutory periodic tenancies) that arise from now on. At least until the next version. A copy […]
Fitness for Human Habitation – developments
What was the Homes (Fitness for Human Habitation and Liability for Building Standards) Bill went through Committee stage in the House of Commons today, 20 June. I’m delighted to say that it went smoothly, with the only amendments proposed and passed being those brought by Karen Buck MP herself. The Bill as amended – now […]
