Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for...
Dismissing Fergus
And so, after mentioning my instruction on Danny Hyde's defence to a claim by Fergus Wilson here, the hearing came to pass.... but we'll come to the result in a minute or several. Fergus Wilson, for the few amongst you who will not have come across him, is a...
That was the week that was – deposits, provision of prescribed information, and Fergus Wilson
[update 22 Jan. The initial version of this post suggested that ARLA advice on providing the How to Rent Guide had been that a link was sufficient. I am very happy to be corrected on this - ARLA did not so advise and had themselves raised this issue in 2016....
A failure to engage – ‘Medical advisors’ on homeless vulnerability
Cherry v LB Tower Hamlets. County Court at Central London, 11th January 2018 This is a s.204 appeal of a 'not vulnerable' review decision by LB Tower Hamlets. It is of particular interest because of the consideration of the role and place of the 'medical...
Fitness for Human Habitation is go!
The Homes (Fitness for Habitation and Liability for Housing Standards) Bill passed second reading on 19 January, with a unanimous vote. The debate (interrupted by a Ministerial statement) is here and here. Because I can't resist, here are Karen Buck's...
Beach huts: chattels, leases, estoppel
Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed - whether beach huts were fixtures or chattels, whether a lease had been granted to the...
Protection from neighbours – no duty
CN & Anor v Poole Borough Council (2017) EWCA Civ 2185 What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence. CN and GN lived with...
Not 2017
I was going to do the usual roundup of the year post, but frankly, it was all too depressing. You all know what has happened, hasn't happened and ought to have happened. About that best that can be said is that the awful bits of the Housing And Planning Act...
The Bedworth bedroom conundrum
Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of 'what is a bedroom' for the purposes of Housing Benefit...
Cat amongst the pigeons
In an interview in the Independent, Jeremy Corbyn has apparently announced that it will be Labour policy to end 'no fault' private sector evictions: Asked whether abolishing the “no fault” evictions would be part of the next Labour manifesto, he replied:...
Ex parte’d, airbnb’d, departed
JKMK Consultancy Ltd v Goldie Properties Ltd, QBD, 18 December 2017 (Note on lawtel, otherwise unreported) The run up to Christmas in any housing practice is usually awash with interim injunction threats and preparation. Lack of heating, hot water,...
The good, the bad and the ugly.
In a week of depressing, worrying news on homelessness - of which more below - there were at least two bits of good news. First, in Gureckis, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin) the Government's...