‘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
‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’
BBC News, 30th June 2024
Source: www.bbc.co.uk
‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’
Local Government Lawyer, 28th June 2024
Source: www.localgovernmentlawyer.co.uk
‘We know and are familiar with the mischiefs the BSA seeks to address. We now know too how the FTT is likely to approach applications for remediation orders under s.123.’
Falcon Chambers, 28th May 2024
Source: www.falcon-chambers.com
‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’
Tanfield Chambers, 16th May 2024
Source: www.tanfieldchambers.co.uk
‘Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders?’
Falcon Chambers, 13th May 2024
Source: www.falcon-chambers.com
‘A recent Upper Tribunal decision involving a city council has significant implications for local housing authorities and landlords alike, writes Mikhail Charles.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024). Engmann was Lambeth’s secure tenant since October 2018. Since the start of the tenancy there had been damp and mould due to defects to external brickwork and a failed damp proof course. In December 2022, a leak started at the property, causing the collapse of the living room ceiling a month later. A month after that, the electrics failed and the tenant was without electricity for 6 weeks. The issues continued, with ongoing problems withe the electrics.
The tenant issued a claim for damages and works in February 2023. In March 2023, by consent order, Lambeth agreed to provide the tenant with decant accommodation from early April 2023, and to complete works by May 2023.’
Nearly Legal, 6th May 2024
Source: nearlylegal.co.uk
‘Spur House is the latest FTT decision on remediation orders. It adds to the tally a fifth case (after the Leigham Court Road, Orchard House, Centrillion Point and Space Apartments). Robert Bowker focuses on just three key features of the case followed by three take-away points.’
Tanfield Chambers, 26th April 2024
Source: www.tanfieldchambers.co.uk
‘This decision follows on from the Tribunal’s decisions in Waite v Kedai (Leigham Court Road), Culpin v Stockwood(Orchard House) and Mistry v Wallace (Centrillion Point). The decision is an important addition to the growing case law.’
Tanfield Chambers, 5th April 2024
Source: www.tanfieldchambers.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘Thousands of residents trapped in homes with Grenfell-style cladding that they cannot sell are being “scammed” by insurers demanding unaffordable premiums despite being told the buildings are safe, The Independent can reveal. Nearly seven years after the tragedy, which took place in west London in June 2017, residents living in cladded homes are seeing their insurance costs surge by up to 1,000 per cent.’
The Independent, 24th March 2024
Source: www.independent.co.uk
‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’
Nearly Legal, 24th March 2024
Source: nearlylegal.co.uk
‘Some quick notes on various recent (ish) Upper Tribunal decisions.’
Nearly Legal, 10th March 2024
Source: nearlylegal.co.uk
‘The Government’s proposed Building Safety Levy could damage the delivery through section 106 agreements of affordable housing and infrastructure, and leave homeowners and councils footing the bill for building defects.’
Local Government Lawyer, 8th March 2024
Source: www.localgovernmentlawyer.co.uk
‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’
Local Government Lawyer, 6th March 2024
Source: www.localgovernmentlawyer.co.uk
‘Joe Walker and Helen Arthur explain what a remediation order is and look at two recent cases to see how the First-Tier Tribunal has interpreted the framework for these.’
Local Government Lawyer, 16th February 2024
Source: www.localgovernmentlawyer.co.uk
‘A mother and her two young children were forced to eat their Christmas dinner on the floor after water flooded their flat and they were moved into temporary accommodation. The housing ombudsman has ordered their landlord, Yorkshire Housing, to pay nearly £4000 to the family after it found they were guilty of severe maladministration over the handling of the leak, damp and mould.’
The Independent, 6th February 2024
Source: www.independent.co.uk
‘Dilapidation is “endemic” in Britain’s crumbling court system, with around 100 unplanned courtroom closures every week exacerbating trial delays, the head of the judiciary has warned.’
The Independent, 18th January 2024
Source: www.independent.co.uk
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