The costs of dangerous cladding – leaseholders position

First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to […]

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 […]

Unnoticed

Another Court of Appeal disrepair judgment! I can barely contain myself. And on a fairly important issue too. So.. Edwards v Kumarasamy [2015] EWCA Civ 20 Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr […]

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 Shoreditch County Court, 17 May 2013 Claimant had been the protected tenant of a […]

More on post possession order disrepair counterclaims

This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah [2014] EW Misc B48 (11 July 2014) In this case, a […]

Disrepair: La luta continua!

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 health or well being of the tenant or […]

Disrepair: Damp and quantum

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 in October 2013). Clark v Affinity Sutton Homes Ltd. Barnet County […]

Disrepair – counterclaims after possession order.

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 would have to be raised before a possession order, or the complex and fraught option […]

Shut that (undemised) door!

Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v Fletcher in the High Court, but appearing to reach quite different conclusions on […]

Mind the Step 2 – The bannister that wasn’t

This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC 1437 (QB) Mr Hannon was a heating engineer, carrying […]