I am delighted, and delighted for Karen Buck MP, to be able to say that her Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill now has government support as well as that of the Labour opposition. (Previous posts on the then draft...
Time to contact your MP – Homes Fit For Habitation
As I may have reminded you once or twice already (and no doubt will again), the second reading of Karen Buck MP's Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill is on 19 January 2018. This is a private members bill. It is very...
Closing the Gaps – the failure of the law on health & safety at home
Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed. The report is here and summary...
Fitness for Habitation 2.0 – Q&A and call to arms
If you haven't already heard, Karen Buck MP got fourth place in the 2017 ballot for private members bills. And she has taken this opportunity to bring forward a new version of the 'Fitness for Habitation' Bill that was filibustered in 2015 (and then was...
Legal Aid: Rights, wrongs and the Lord Chancellor
I wrote at some length about legal aid, tenants rights and Grenfell Tower here (the third of the 'myths'). Sara Stephens (my esteemed colleague - full disclosure) also explained the situation in a Legal Voice article here. But still it rumbles on, including...
Perception of doors*
Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure - my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace...
Tales of the private sector
A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can't come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management,...
Works and quiet enjoyment
Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch) I'm very late with this one - been in the 'to do' pile for ages. In mitigation, it is a commercial property case, but has interesting elements on the way in which building works...
Please sir, can I have some more?
This is really a costs issue, though it was on a leasehold disrepair claim. A county court decision, so not binding, but as we'll see, consonant with a High Court decision and on an issue on which there appears to be some debate. This was an application...
Of online courts and unified enforcement
Lord Justice Briggs' final Review of the Civil Court Structure has been published. The main part of the report is of course the proposals for the new 'online court' - a costs free and litigant in person form of tribunal, heavily aimed at forms of ADR. The...
Bannisters that never were.
You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once... Sternbaum v Dhesi [2016] EWCA Civ 155 Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) Both can be dealt with fairly quickly...
The Curious Incident of the Dog in the Night-Time
Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant's nuisance (which they just...