There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords...
Rising Damp
There is reason for Rigsby to look worried in Uddin & Anor v LB Islington (2015) CA Civ Div 10/03/2015 [Lawtel note only so far.] This was Islington's appeal of a first instance decision awarding the tenants damages for breach of repairing obligations....
Lord Justice Lewison and the Return of English
I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am...
The revenge of retaliatory eviction law
After the Teather 'revenge eviction' member's bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election. Well today, the DCLG announced the Government's proposed...
Unnoticed
Another Court of Appeal disrepair judgment! I can barely contain myself. And on a fairly important issue too. So.. Edwards v Kumarasamy [2015] EWCA Civ 20 Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but...
Disrepair damages update
With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and...
Unlawful eviction and harassment quantum update
With grateful thanks to Jan Luba QC and HHJ Madge's housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr...
Is there a maximum award for general damages arising under contract?
The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory...
Retaliatory Eviction and Law Reform
The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather's private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in...
A Thursday stuffed with housing stuff
A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one. A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper...
More on post possession order disrepair counterclaims
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah...
Condensation damp and saturated plaster
Just a quick note on a County Court disrepair trial with an interesting finding on damp plaster DR v Southwark LBC, Lambeth County Court 11 June 2014 DR had brought a claim for disrepair including for damp, saturated plaster to the external wall in the...