Forde v Birmingham City Council [2008] EWHC 90105 (Costs) In brief, where a firm had asked a client to sign a second CFA for a disrepair claim, at a time when it appeared that the first CFA might be found unenforceable, and the second CFA provided...
Onwuama v Ealing LBC [2008] EWHC 1704 (QB). The Claimant made a claim for s.11 disrepair (in person), alleging dampness and electrical problems. No expert evidence was put forward as to the cause of dampness. The claim largely failed as the Judge...
Birmingham City Council v Lee [2008] EWCA Civ 891 concerns claimant's costs incurred while following the disrepair pre-action protocol. It is not uncommon for a landlord to do repairs after an early notification letter, or letter of claim, but pre...
There were a couple of cases mentioned in the June issue Legal Action that are worth a consideration when looking at quantum in illegal eviction cases, and also to some extent in disrepair cases. Legal Action has the full details, but in brief......
More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full...
Via Garden Court's 10 March 2008 bulletin. Birmingham (yes them again) have had their tenancy agreement found to be misleading by the Ombudsman in terms of their liability for making good damage resulting from repairs. Homeless figures are out for...
For some of us internet old timers, who were on usenet before the WWW existed and were hand coding websites in the mid 1990s, it is still a surprise how people treat search engines as something to put a fully fledged question into. January has been...
The Social Housing Law Association has released a 'Policy Statement' on the need for legal aid reform. Briefly, they claim that far too many weak cases are brought against social landlords by legally aided tenants and that the subsequent litigation...
I've been meaning to post on this for a while and have been prodded into life by quite a few searchers on the topic. The reason I've been delaying is that, frankly, it is a bit of a sod. Unlike the carefully calculated, quantified, actuarialised...
I caught someone from the National Citizens Advice Bureau on BBC Breakfast this morning, commenting on a CAB report on the large number of people in private rented properties in bad condition who are promptly evicted if they complain or do anything...
As regular readers may recall, the limit for disrepair claims to fall into small claims was under review. Proposals were made to raise the current limit of £1000 to £5000. Regular readers will recall that I thought that this was a Bad Thing....
Searching for something else entirely, I stumbled across a press release from the Social Housing Law Association detailing their representations to the DCA on funding for disrepair claims, made late last year. Headed "Move to repel tenants' bogus...