Tenure is not a medical matter

In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax – our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability.  Mr Kannan and his household had lived in “temporary” accommodation for 2 1/2 years.  The flat was accessed by an external metal staircase […]

Alterations, disability and equality

Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the application of Equality Act 2010 to leasehold covenants. Mr Smailes and Ms Poyner-Smailes bought a two […]

Do not put aside the set aside, or delay 6 months to seek relief

Gibbs v Lakeside Developments Ltd (2018) EWCA Civ 2874 Oh dear… Behind the key point in this case lies a history of unfortunate things. But what fell to be decided by the court of appeal is whether, in a leasehold forfeiture case, the lessee could succeed in a claim for unjust enrichment without setting aside the possession […]

Relevance and homelessness

Safi v Sandwell BC (2018) EWCA Civ 2876 can be regarded as a footnote of some significance in the factors which are relevant in determining whether a household is homeless for the purposes of s. 175, Housing Act 1996.  (And, as a footnote to that footnote, a point for the cognoscenti of review processes: it is interesting […]

Build defects and fitness for habitation

Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don’t think we quite appreciated the general significance of the case. We certainly didn’t anticipate that it might subsequently become otherwise significant because of a change in the […]

Fitness for Habitation – a thumbnail guide

As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018. This is a quick (very quick) overview of the Act and how it works. For a more detailed version, there may well be a forthcoming book… The Act amends the Landlord and Tenant Act 1985 sections 8 to 10 and […]

Finally! – Fitness for Human Habitation passes

The Homes (Fitness for Human Habitation) Bill passed Third Reading in the House of Lords on 19 December. If you are reading this on 20 December, it might even already be an Act, as it may receive royal assent on 20 December. The Bill/Act provides that it comes into force 3 months from ‘being passed’, […]

Hiatus brief updates (and job ad)

Quick couple of cases to note (no analysis), a bit of news and a job ad. Two linked appeals on out of borough/out of London Homelessness review decisions – Alibkhiet v London Borough of Brent v City of Westminster  (2018) EWCA Civ 2742 Upper Tribunal (Lands Chamber) on costs under a ‘contemplation of a s.146 notice’ […]

Of HHSRS and Hiatuses

A couple of things… MHCLG have issued an “Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings” to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide guidance on the assessment of high-rise residential buildings with unsafe […]

All out of Proportion

We saw the case of McDonald v McDonald through the Court of Appeal and the Supreme Court. The Supreme Court found that as between private parties, there was no right to a proportionality review of eviction under the Section 21 possession claim procedure. Now, in FJM v United Kingdom, App No 76202/16, 29 November 2018, the European […]