New evidence of disrepair – Ladd v Marshall revisited

Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 (High Court Chancery Division) 20 July 2010 [Not reported elsewhere] Perhaps apropos of J’s recent comments on RSLs  ‘fighting daft disrepair cases‘, we have an update on what was a County Court disrepair claim against an RSL that we first reported here. We are informed that […]

I’m just venting

Bilgili v (1) Paddington Churches HA & (2) Pathmeads HA [2010] EWCA Civ 1341 (only available on Casetrack, so far as I can tell, but noted in the GC bulletin [edit: eventually appeared on BAILII) is a refusal of permission to bring a second appeal in – what appears to be – a preliminary issue/strike […]

Fair limit on damages for ex-TTs?

Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010 This case is reported in the October 2010 ‘Recent Developments’ in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act 2008 to have a period of tolerated trespasser-hood treated as a continuous tenancy with […]

An offer you can refuse*

*but it remains open. Not a housing post per se, but this case concerns Part 36 offers which are a vital tool in any disrepair or nuisance claim or counterclaim, so worth a brief note for practitioners. Gibbon v Manchester City Council [2010] EWCA Civ 726 Two joined appeals on the issue of the construction […]

All mimsy were the borogoves

The Jabberwock of the tenancy deposit scheme came whiffling again, in the tulgey wood of Northampton County Court. This time it was the clause that catch to beware of. And there’s a disrepair claim in there too. Paula O’Brien v Jacqueline Jones & Andrew Alexander (T/A Belvoir Huntingdon). Claim No 9KG00335 12/02/2010 [On Lawtel for […]

Of fair rents, disrepair and unreasonable temptations

Ahmed & Ors v Murphy [2010] EWHC 453 (Admin) This was an appeal to the High Court of a decision by the London Rent Assessment Committee (LRAC) that the maximum fair rent payable by Mr Murphy for the flat in Brick Lane, Spitalfields was £8.50 per week. The appeal was brought by the landlords, the […]

Disrepair Quantum – Ombudsman

Local Government Ombudsman Report Report ref 09 005 422 Harlow District Council Ms S was Harlow’s secure tenant. Due to a leak, the ceiling in her daughter’s bedroom became damaged, in danger of falling and unsafe. Despite Ms S’s complaints, Harlow did not carry out repairs for 18 months, during which time her daughter either […]

Newham in the news

The London Borough of Newham is, without doubt, a hard-pressed council with extremely high levels of housing need, insufficient accommodation of any sort of decent quality to meet that need, and an engaged staff, as anybody who read Ahmad would tell you.  In spite of that, they do some excellent, top notch work.  For example,  […]

Access to Justice

An anecdotal rant, for which forgive me. Sometimes one needs to vent, but this is hardly an unusual situation. It is ‘just’ an example of the viciousness of the public funding boundaries. I’ve combined a few instances in what follows, and changed details for the obvious reasons, but all the salient points are true. Let […]

Underhand but not abusive

Andrew Henley v Shelly Bloom [2010] EWCA Civ 202 This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley’s claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit judge having been dismissed. The brief facts: Mr […]