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2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to...
Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of quantum hearing on 28 March 2014 (there was a default judgment...
Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) This is a slightly surprising case involving a judicial review of refusal of permission to appeal. Facts T was an Assured Shorthold Tenant of a property. His...
Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion). Can a counterclaim for disrepair be brought after a possession order is made? Conventionally, we've thought that a counterclaim...
As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more...
We don't often publicise events here, but given that this one involves at least couple of the NL team, we are damn well going to. Housing Law: The Welsh Devolution Effect 1st May 2014 Cardiff Law School, Museum Avenue, Cardiff, CF10 3AX A one day...
I've added a couple of new bedroom tax First Tier Tribunal decisions to the FTT page. There is a Newcastle decision (Reasons here. Known as the Isos decision after the landlord who supported the appeal) which is a separated family decision. The appellant's...
Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don't need a proportionality assessment. Now, as you'll all know, there is a line of European Cases,...
The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and...
This is a post by Alan Richards, a journalist and blogger on legal matters, financial affairs, politics and economics, who blogs at Alrich. We are happy to add it to the blog, dealing as it does with size standards for housing, both social and private....
The flexible tenancy, that marvellous and oxymoronic invention of the Localism Act, is now in place and in use by a number of Councils. The last time I considered flexible tenancies it was largely about how they were created and how they were terminated at...
A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over 'room use' as an argument. The decision notice is here (HT Speyejoe). The appellant had moved into the '3 bedroom' property on marriage. He and his wife had lived there. A...