A couple of interesting housing law webinars in the next few days (well, hopefully both interesting, as I'm doing one of them) for all your 'working from home but still interested in housing law' needs. On Thursday 30 April at 10.30 am, the latest in Tessa...
Not signed, not sealed, not delivered
Ratcliffe & Ratcliffe v Patterson & Porter. County Court at Luton, 17 March 2020 (Unreported elsewhere, we've seen an unofficial note of judgment. Grateful thanks to Clare Cullen of Field Court Chambers) A first instance county court judgment on a...
Working on homes
As of today, 20 March 2020, section 9B(4) of Landlord and Tenant Act 1985 means that the section 9A 'fit for human habitation' obligation applies to all periodic and secure tenancies in England that existed on 20 March 2019 and are ongoing. This means that...
Conceptualising damages for housing conditions – they don’t add up.
We don't often run 'think-pieces' (this may be too generous a description), at least not when unattached to new case law, but the ongoing transformation of 'disrepair' into 'housing conditions' claims has got me (and I know others who write here) thinking...
New Pre-Action Protocols coming! Social Possession and Housing Conditions.
[Update 13 Jan. The new protocols are out and in force today - Housing Disrepair (England), and Social Landlord Possession Claims ] Be still my beating heart, there will be two new/revised pre-action protocols on 13 January 2020. There will be a revised...
Sibylla*
2020 then. The years keep coming, with uncaring relentlessness. Still, putting a brave face on it, I shall combine the roles of soothsayer and almanac for what is likely to be a busy year for housing law. First, the things that we know will happen and when....
“General incompetence” – Unlawful eviction and fitness for habitation
Hussein Ali Hadi Albu-Swalin v (1) Regency (UK) Ltd (2) Heartland Property Ltd (2019) County Court at Central London. 19 February 2019 We saw the appeal in this case here. I have since received a transcript of the first instance judgment, which...
Between structural defects and structural repairs
(NB photo is of an entirely unrelated building.) A constant issue in disrepair (at least until the Homes (Fitness for Human Habitation) Act 2018 for tenancies) and in leasehold major works charges matters has been the difficulties of liability for inherent...
If you go down to the woods today
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant's mother and step...
Whose windows are these?
As should be well known, when it comes to landlord's repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the...
We need to talk about claims farmers…
This is something I've been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. A justified...
Once bitten, twice (or thrice) shy
Moorjani & Ors v Durban Estates Ltd & Anor (2019) EWHC 1229 (TCC) (and also extempore judgment of 30 July 2019, on Lawtel). We have encountered Mr Moorjani before, successfully establishing that in disrepair claims, liability for loss of amenity...