...that if a disrepair claim reaches trial these days, then one of three options must be true: a) there is a genuine and substantive issue of causation or liability (rare as hens teeth); b) one or perhaps both of the parties are mad; c) a combination of the...
Catching up with 2010 Part 1 – disrepair
Part 1 of cases - mainly county court - that we have missed or not heard of during 2010. With our grateful thanks to Beatrice Prevatt of Garden Court for bringing these to our notice in her disrepair update at the HLPA conference: Shazad v Khan. Birmingham...
I’m just venting
Bilgili v (1) Paddington Churches HA & (2) Pathmeads HA [2010] EWCA Civ 1341 (only available on Casetrack, so far as I can tell, but noted in the GC bulletin [edit: eventually appeared on BAILII) is a refusal of permission to bring a second appeal in -...
Asked, but not necessarily answered
After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act - on which we will have a post shortly - there is a bit of a lull before the floods of new housing case law start up again. So, time for...
All mimsy were the borogoves
The Jabberwock of the tenancy deposit scheme came whiffling again, in the tulgey wood of Northampton County Court. This time it was the clause that catch to beware of. And there's a disrepair claim in there too. Paula O'Brien v Jacqueline Jones & Andrew...
Of fair rents, disrepair and unreasonable temptations
Ahmed & Ors v Murphy [2010] EWHC 453 (Admin) This was an appeal to the High Court of a decision by the London Rent Assessment Committee (LRAC) that the maximum fair rent payable by Mr Murphy for the flat in Brick Lane, Spitalfields was £8.50 per week. The...
Disrepair Quantum – Ombudsman
Local Government Ombudsman Report Report ref 09 005 422 Harlow District Council Ms S was Harlow's secure tenant. Due to a leak, the ceiling in her daughter's bedroom became damaged, in danger of falling and unsafe. Despite Ms S's complaints, Harlow did not...
Underhand but not abusive
Andrew Henley v Shelly Bloom [2010] EWCA Civ 202 This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley's claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit...
Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009 Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with...
Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn't reached us. You will naturally have already read them in Legal Action, but for our archives... Tenancy Deposits O'Brien v Hill Barnet County Court 22/09/2009 Mr...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
Continuity of tenancy
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule...