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The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather's private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in...
A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one. A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper...
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah...
Just a quick note on a County Court disrepair trial with an interesting finding on damp plaster DR v Southwark LBC, Lambeth County Court 11 June 2014 DR had brought a claim for disrepair including for damp, saturated plaster to the external wall in the...
2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to...
Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of quantum hearing on 28 March 2014 (there was a default judgment...
Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion). Can a counterclaim for disrepair be brought after a possession order is made? Conventionally, we've thought that a counterclaim...
Busy day for bits of news. On the bedroom tax, Lord Freud announced in a House of Lords debate today that amending regulations to remove the 1996 claim exemption will be produced in March, though they haven't got definite parliamentary time yet. (Not got a...
This one has been sitting in my draft collection for a while, but, as Christmas fades towards the new year, it finally got done. For the leaseholders in this particular appeal, it was, however, distinctly short of glad tidings. Gavin & Anor v Community...
In the December edition of Legal Action, I noticed a decision from November 2012 (yes, 2012), called Miah v McGrogan [2012] EWCA Civ 1685 (Casetrack only). Mr Miah seems to have been the landlord of a house which had been let to a number of students. They...
Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried out alongside Decent Homes programmes, or as large scale...
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of...