Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch) Our grateful thanks to Garden Court Chambers for details of this judgment on a housing conditions counterclaim to a claim for possession....
An end to ‘a reasonable period’? Awaab’s Law
As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all 'prescribed requirements' on responding to...
Staying to make the parties try dispute resolution. A bit of a Tydfil
Churchill v Merthyr Tydfil County Borough Council (2023) EWCA Civ 1416 For transparency purposes, I acted for the Housing Law Practitioners Association on its intervention in this appeal. There was a great weight of expectations on this appeal, with...
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again
Three county court cases - all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21...
Damp, mould and the HHSRS
Cases yet to be written up are in a growing pile, but frankly it has been too darn hot to have the laptop on my lap for more than half an hour, so they are going to have to wait. Instead, here is a quick note on two recent DLUHC/govt publications on damp and...
Renters (Reform) Bill – overview Part 2
Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it... Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn't...
A lift too far. The extent of the section 11 obligation
Anchor Hanover Group v Cox (2023) UKUT 14 (LC) (Copy of judgment here. Not on Bailli or national archive yet) A somewhat unusual Upper Tribunal appeal concerning the application of section 11 Landlord and Tenant Act 1985, which ends up being about the scope...
The whirligig of time
A happy new year to all. I was going to do a new year video, as per the last two years, but as rain lashes the windows and the daylight disappeared about 2 pm, the level of faff involved was beyond me. This seems a fitting way to end 2022... After three...
Ombudsman’s decisions and housing conditions claims
I'm going to break one of our rules (well, more of a guideline really) and comment on a case in which I had a role. I supervised the case, in which one of my colleagues acted for the claimant. It is also a report on a settled County Court claim, so not...
Awaab Ishak – Coroner’s ruling and Reg 28 Report to Prevent Future Deaths
We now have the Coroner's Findings and Conclusion for the inquest into the death of Awaab Ishak, and also the Regulation 28 Report for the purpose of preventing future deaths. (My previous post on the death of Awaab Ishak is here. It was written quickly and...
An Avoidable Death
"Every death was avoidable" said Richard Millett KC at the closing submission to the Grenfell Inquiry. Now we know from the inquest verdict into the death of two year old Awaab Ishak's that this death was also thoroughly avoidable,and we know the catalogue...
Assorted notes: joint tenancies, RROs – rent arrears and late evidence, and disrepair damages periods
Pile v Pile (2022) EWHC 2036 (Ch) The High Court confirms that Procter v Procter (2022) EWHC 1202 (Ch) is authority for the proposition that it is not a breach of trust for one joint tenant to give notice to quit on the joint tenancy, even where this is done...