Legal Aid: Rights, wrongs and the Lord Chancellor

I wrote at some length about legal aid, tenants rights and Grenfell Tower here (the third of the ‘myths’). Sara Stephens (my esteemed colleague – full disclosure) also explained the situation in a Legal Voice article here. But still it rumbles on, including from two people who really should know better, as quoted in this […]

Perception of doors*

Southwark Council v Various Lessees of the St Saviours Estate [2017] UKUT 10 (LC) (Full disclosure – my firm acted for the Lessees). The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement […]

Tales of the private sector

A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management, failure to provide information, failure to licence and property conditions: Five properties, on Abbeydale […]

Works and quiet enjoyment

Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch) I’m very late with this one – been in the ‘to do’ pile for ages. In mitigation, it is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out. Timothy Taylor ran […]

Of online courts and unified enforcement

Lord Justice Briggs’ final Review of the Civil Court Structure has been published. The main part of the report is of course the proposals for the new ‘online court’ – a costs free and litigant in person form of tribunal, heavily aimed at forms of ADR. The news for housing is that there is now […]

Bannisters that never were.

You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once… Sternbaum v Dhesi [2016] EWCA Civ 155 Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) Both can be dealt with fairly quickly and together, as the courts follow the […]

The Curious Incident of the Dog in the Night-Time

Cocking & Anor v Eacott & Anor [2016] EWCA Civ 140 Neighbour nuisance. These are often difficult and indeed expensive cases. And always there are those affected who believe that a landlord is liable for their tenant’s nuisance (which they just aren’t, save for the extremely rare case in which the landlord has participated in […]

Of sink holes and strict liability

 Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB) Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why. Ms L was the tenant of Newark […]

Disrepair miscellany: Good, bad and ugly.

Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual  ‘housing repairs update’.  We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably […]