Three county court cases - all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21...
Ombudsman’s decisions and housing conditions claims
I'm going to break one of our rules (well, more of a guideline really) and comment on a case in which I had a role. I supervised the case, in which one of my colleagues acted for the claimant. It is also a report on a settled County Court claim, so not...
We don’t need no tariffs
Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening) This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair...
If you go down to the woods today
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant's mother and step...
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...
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...
Repairing the caselaw on disrepair
I don't think it is unfair to say that disrepair is not always viewed with great enthuiasm by practioners of housing law. So, I am going to plead with you all to stick with this post of mine even though on reflection it is far longer than I would have liked....
I saw a mouse. Where?…
A semi-guest note on a pest infestation nuisance county court case involving leaseholders. Interesting on both liability and quantum. Ojo & Ojo v London Borough of Hackney. County Court at Clerkenwell & Shoreditch 4 November 2015 The Claimants were...
As difficult as pulling teeth
Williamson v Khan. Birmingham County Court. Claim No: 3YS66585 (12 March 2015). Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even...
Rising Damp
There is reason for Rigsby to look worried in Uddin & Anor v LB Islington (2015) CA Civ Div 10/03/2015 [Lawtel note only so far.] This was Islington's appeal of a first instance decision awarding the tenants damages for breach of repairing obligations....
Disrepair damages update
With very grateful thanks to Beatrice Prevatt’s annual disrepair update in the December 2014/January 2015 Legal Action, here is a bumper pack of County Court cases and settled cases on damages for disrepair. Armes v Wheel Property Co Ltd, Clerkenwell and...
Unlawful eviction and harassment quantum update
With grateful thanks to Jan Luba QC and HHJ Madge's housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr...