‘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.’
Local Government Lawyer, 14th January 2025
Source: www.localgovernmentlawyer.co.uk
‘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.’
Park Square Barristers, 17th December 2024
Source: www.parksquarebarristers.co.uk
‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’
BBC News, 10th December 2024
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 4th December 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
BBC News, 2nd December 2024
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 14th November 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Falcon Chambers, 28th October 2024
Source: www.falcon-chambers.com
‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 5th November 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 6th November 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
BBC News, 4th November 2024
Source: www.bbc.co.uk
‘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.’
Local Government Lawyer, 16th October 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 29th September 2024
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 15th September 2024
Source: nearlylegal.co.uk
‘A private landlord who ignored tenants’ complaints has had their properties seized by a local authority.’
BBC News, 28th August 2024
Source: www.bbc.co.uk
‘Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast.’
Nearly Legal, 26th August 2024
Source: nearlylegal.co.uk
‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’
Becket Chambers, 22nd July 2024
Source: becket-chambers.co.uk
‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’
Falcon Chambers, 22nd July 2024
Source: www.falcon-chambers.com
‘The First-tier Tribunal has now twice rejected an argument that the power of the Tribunal to make a remediation order under s.123 must be exercised where the threshold criteria are met.’
Falcon Chambers, 10th July 2024
Source: www.falcon-chambers.com
‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’
Nearly Legal, 15th July 2024
Source: nearlylegal.co.uk
‘Triplark Limited v Whale and others [2024] EWHC 1440 (Ch): a landlord’s works are not within the terms of its repairing covenant where they increase the maintenance burden on the tenant.’
Tanfield Chambers, 25th June 2024
Source: www.tanfieldchambers.co.uk
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