Mind the Step 1 – Semi gloss
What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and...
View ArticleA couple of dates and some information short of a s.21 notice
This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy –...
View ArticleShut 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 1048This...
View ArticleThe Deposit Alignment
Johnson v Old, Brighton County CourtWe have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original...
View ArticleThe JP, the BBC trainee and the Unlawful Eviction
An unlawful eviction case with some unusual dramatis personae.Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere]Ms Webb was the assured shorthold tenant...
View ArticleTempest Tossed?
Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?LB Hammersmith and Fulham v Carty is a County Court judgment reported on...
View ArticleInforming Deposits
Ayannuga v Swindells (2012) CA (Civ) 6 November 2012. On Lawtel but not on BAILII yet.The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed...
View ArticleGive Me Back My Money
We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property...
View ArticleDeposit scheme – a new wheeze
So, I gave a talk on the deposit scheme post Localism Act on Tuesday morning, then surface to immediately find word of a new wheeze being tried by landlords. Just how quickly can one become...
View ArticleI think someone has got a little confused
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land...
View ArticleOf statutory defences and bottles of urine
An appeal against conviction on an illegal eviction case. We didn’t report it at the time, but in R v Jay Allen & Razwan Mohammed, in Sheffield County Court, September 2012, Jay Allen was convicted...
View ArticleA Further Deposit From the Court of Appeal
Johnson & Ors v Old [2013] EWCA Civ 415The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection....
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Tenants! Be the best that you can be!
At the very beginning of social housing, with the Peabody Estates in the 1860s, prospective tenants faced imposed requirements that we would now consider to be extraneous to the tenancy: Mandatory...
View ArticleTories to regulate private rented sector? Don’t get excited…
The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron’s ‘big speech’ in March on stopping immigrants from getting things from...
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The Shape of Things to Come.
In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap.Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of...
View ArticleShared ownership, Art 8 and A1P1
The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called...
View ArticleDeposit received, one way or another
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms.Superstrike...
View ArticleGateway B and Equality Act – summary hearing?
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as...
View ArticleMcFail
Malik v Fassenfelt & Ors [2013] EWCA Civ 798The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which...
View ArticleMr Pickles’ brighter future for hardworking tenants
I didn’t comment here on Eric Pickles announcement of a ‘Tenants Charter’ at the Tory conference because, on inspection of the DCLG press release, it looked like a burp of a soundbite, with absolutely...
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