Courtesy of Beatrice Prevatt's disrepair update in the December 2012 Legal Action, here are a couple of County Court disrepair cases. Both proving the general rule which we have previously noted, that it is only the least competent of private landlords that...
Consultations, bills and mysterious advisors
A bit of a miscellany, with Government skullduggery and posturing galore. First up, Grayling's MoJ has announced a consultation into revising the rules on Judicial Review. Broadly, he is against it. Responses are due by 24 January 2013, so a busy holiday for...
Relationship breakdown and intentional homelessness
Amanda Carthew v Exeter County Council (2012) CA (Civ Div) 4 December 2012 [Not on Bailii, on lawtel only as a note - if anyone has more information or a transcript of judgment, we'd be very grateful...] Where a homeless applicant had previously transferred...
Leases, repairs and ‘errors’
For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the...
Nothing to see here
Just two short notes on recent UT(LC) cases that I was asked to cover. They're pretty unimportant in the scheme of things, but we do try to be comprehensive. In Freehold Managers (Nominees) Ltd v Piatti [2012] UKUT 241 (LC), the issue was the payment of an...
Welcome to the Property Chamber
Fun and games awaits us on May 1, 2013. You may remember that the government has previously announced plans to merge a range of property-related tribunals (LVT, RAC, etc) into the First Tier Tribunal (Property Chamber) (see our notes here and here). In a...
Deposit scheme – a new wheeze
So, I gave a talk on the deposit scheme post Localism Act on Tuesday morning, then surface to immediately find word of a new wheeze being tried by landlords. Just how quickly can one become outdated? The Housing Act 2004 as amended by the Localism Act 2011...
Give Me Back My Money
We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of...
Disputed facts, s.204 appeals and Article 6 to the ECtHR?
You may recall Ms Ali of Ali & Ibrahim v Birmingham CC (heard in the Supreme Court as Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (our report here) The issue in Ms Ali's case was a dispute of fact about whether an offer of accommodation...
Housing Law Conference 2012
11 December 2012 – The Royal College of Surgeons, London Yes, it is time for the annual HLPA Housing Law conference. We advertise it (for free) because it is good and some of us are involved with it. A number of the NL team will be there, looking shadowy and...
Quis custodiet ipsos custodes?
Property Guardians seem to be a growth industry. If you haven't come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing security to...
Deja Vu All Over Again (and again)
In Samin v Westminster CC [2012] EWCA Civ 1468 [not on bailii yet - lawtel has a transcript], the Court of Appeal had to decide what was meant by someone being "temporarily unable to work" so as to determine if Mr Samin retained his status as a "worker"...