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For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the...
Does the landlord's repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest? LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber's site which raises some interesting...
Or Simmons v Castle round two Simmons v Castle [2012] EWCA Civ 1288 As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages (our report here) was revisited after representations by the ABI and APIL. I'm...
Is the Occupiers' Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v...
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC...
What constitutes a defect or a lack of repair for the landlord to be liable for tenant's injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or...
Well, there's an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is: Landlord and Tenant Act 1985 12 (1) Omit section 8(2) of the Landlord and Tenant Act...
We wouldn't usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has - and is intended to have - implications far beyond PI. The case itself was an appeal arising out of a road traffic accident. The Recorder had awarded damages...
Liverpool City Council v Kassim [2011] UKUT 169 (LC) A thank you to the EHP who brought our attention to this case. The full decision is also available as a pdf at the end of their post until the Lands Tribunal catches up. Mr Kassim owns a rented flat. It...
This may be one of the more esoteric points to be heard by the Court of Appeal on terms of a lease, but one of the issues in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 was whether Mrs Newman was entitled to damages for loss of...
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment,...
Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why - sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an...