The London Borough of Lambeth v Gniewosz (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 274 (LC) A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the...
Notes for noting
Several quick things. The Court of Appeal is to hand down judgment in Arkin v Marshall at 1.30 pm on Monday (11 May). This is the appeal of the decision that the Practice Direction 51Z general 90 day stay on part 55 possession proceedings cannot be lifted,...
Sound insulation and fitness for habitation – Scotland
We don't usually run Scottish case law. It is, after all, a whole separate legal system, and one in which none of us are qualified. It is also, going by the language of the judgments, utterly splendid - after all, who doesn't fancy a judgment that repeals...
Housing law webinars
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...