Ben Yong: What—and Who—is Parliament? – UK Constitutional Law Association

Posted February 13th, 2025 in constitutional law, news, parliament, repairs by sally

‘The Palace of Westminster is a symbol of British democracy, and it is falling apart. It is a serious danger to those who work within it: a recent news report suggested the Palace could be the next ‘Notre Dame inferno’. For years parliamentarians have repeatedly argued over what to do about this grim state of affairs, because fixing the Palace involves a very serious and painful investment of money—billions of pounds; and because it potentially means parliamentarians will have to leave the Palace—for decades. Observers watch this dire state of affairs with increasing dread. Thinking about the Restoration and Renewal (‘R&R’) of the Palace, therefore, raises questions of responsibility, both legal and moral, but it also prompts us to ask more metaphysical questions: what—and who—is Parliament?’

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UK Constitutional Law Association, 13th February 2025

Source: ukconstitutionallaw.org

Key reforms in the Renters’ Rights Bill and their impact on tenants and landlords – Kingsley Napley Real Estate Law Blog

Posted February 12th, 2025 in bills, landlord & tenant, news, rent, repairs, repossession by sally

‘This Bill, which was originally introduced by the previous government as the Renters’ Reform Bill, seeks to level-up the perceived current imbalance between residential landlords and tenants by bestowing on tenants greater rights and security. But critics argue that the proposed reforms go too far in favour of tenants. So, what are the current key reforms affecting private residential tenancies?’

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Kingsley Napley Real Estate Law Blog, 11th February 2025

Source: www.kingsleynapley.co.uk

Delay to ‘Awaab’s law’ risks lives of social housing tenants in England, Shelter says – The Guardian

‘The housing charity Shelter has criticised the government for putting lives at risk by delaying a law to make social landlords in England fix dangerous hazards quickly.’

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The Guardian, 6th February 2025

Source: www.theguardian.com

Law to make social landlords fix mould in force from October – BBC News

‘Landlords will be forced to investigate and fix damp and mould in social housing in England within strict timescales from October, the government has announced.’

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BBC News, 6th February 2025

Source: www.bbc.co.uk

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

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Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

DWP program that automatically approves landlord benefit deduction requests ruled unlawful – The Guardian

‘A “computer says yes” program that automatically approves landlord requests to deduct hundreds of pounds from tenants’ universal credit benefits without requiring officials to check first with the claimant has been declared unlawful by the courts.’

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The Guardian, 26th January 2025

Source: www.theguardian.com

The importance of Jervis v Harris [1996] – a contractual self-help tool for landlords – Local Government Lawyer

Posted January 15th, 2025 in enforcement, housing, landlord & tenant, leases, news, repairs by tracey

‘James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

Housing disrepair and ADR following Churchill v Merthyr Tydfil County Borough Council (Law Society and others intervening) [2023] EWCA Civ 1416 – Park Square Barristers

Posted December 19th, 2024 in appeals, chambers articles, dispute resolution, housing, local government, news, repairs by sally

‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’

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Park Square Barristers, 17th December 2024

Source: www.parksquarebarristers.co.uk

Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by tracey

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Trends in disrepair and complex housing claims – Local Government Lawyer

Posted December 5th, 2024 in equality, housing, human rights, landlord & tenant, news, repairs by tracey

‘Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

New deadlines set for fixing dangerous cladding – BBC News

‘Plans to speed up the removal of unsafe cladding, including target dates for making buildings safe and tougher penalties for refusing to act, have been announced by ministers.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys. – Local Government Lawyer

Posted November 18th, 2024 in building law, fire, health & safety, landlord & tenant, news, repairs by tracey

‘David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.’

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Local Government Lawyer, 14th November 2024

Source: www.localgovernmentlawyer.co.uk

The Building Safety Act: Update October 2024 – Falcon Chambers

Posted November 14th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’

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Falcon Chambers, 28th October 2024

Source: www.falcon-chambers.com

Housing case law: September & October 2024 – Local Government Lawyer

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Watchdog says cladding removal deadline may be missed – BBC News

‘The government could miss its own cladding removal completion date if progress is not made to speed up the process, the UK’s spending watchdog has said. In a new report, external, the National Audit Office (NAO) said up to 60% of buildings with dangerous cladding had still not been identified by the government, and at its current rate of progress it was due to miss its own estimated completion date of 2035 for the works.’

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BBC News, 4th November 2024

Source: www.bbc.co.uk

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

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Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

The meaning of unfitness – Nearly Legal

Posted September 30th, 2024 in health & safety, housing, landlord & tenant, news, repairs by sally

‘This is a Circuit Judge (HHJ Melissa Clarke) judgment on, amongst other things, what amounts to unfitness for human habitation under sections 9A and 10 Landlord & Tenant Act 1985, and when the Court can make such a finding. As far as I know, it is the first judgment where this specific issue was argued, certainly at Circuit Judge level. I gather that permission to appeal was sought by Red Kite at the hearing, and refused, so there is the possibility of an appeal to the High Court.’

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Nearly Legal, 29th September 2024

Source: nearlylegal.co.uk

A very unfit home – Circuit Judge decision on unfitness and damages. – Nearly Legal

‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’

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Nearly Legal, 15th September 2024

Source: nearlylegal.co.uk

Homes seized from landlord after complaints ignored – BBC News

Posted August 28th, 2024 in complaints, housing, landlord & tenant, local government, news, rent, repairs by tracey

‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’

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BBC News, 28th August 2024

Source: www.bbc.co.uk