‘Councils should be forced to fix serious potholes immediately the Court of Appeal has ruled, after judges found in favour of a jogger who hurt his ankle.’
Daily Telegraph, 2nd February 2017
Source: www.telegraph.co.uk
‘The issue in this Upper Tribunal case was whether LB Southwark was entitled charge the leaseholders for works to replace communal doors and front entrance doors carried out during fire safety improvement works on the estate (some 10 block of flats).’
Nearly Legal, 29th January 2017
Source: www.nearlylegal.co.uk
‘The Upper Tribunal has held, in dismissing the authority’s appeal, that a front entrance or communal door within a block of flats is not in disrepair merely because it has been modified or replaced. A door, which was designed to provide 20 or 30 minutes’ fire resistance, will only cease to be in repair if there is evidence, following an assessment by an expert in fire resistance, that the physical condition of the door is such that it is no longer able to provide the same fire resistance as when originally constructed.’
Arden Chambers, January 2017
Source: www.ardenchambers.com
‘MPs have launched an inquiry into the planned renovation of the Palace of Westminster amid concerns it may not provide value for money.’
BBC News, 15th January 2017
Source: www.bbc.co.uk
‘A borough council is facing a payout following the loss of a Supreme Court battle over compensation payable when the local authority used its emergency powers to close a pier.’
Local Government Lawyer, 28th July 2016
Source: www.localgovernmentlawyer.co.uk
‘The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court of Appeal in two key areas.’
Nearly Legal, 14th July 2016
Source: www.nearlylegal.co.uk
‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
‘A commercial property tenant did not breach repair covenants set out in the lease when it replaced carpet tiles in the property with strip carpeting, the Court of Appeal has ruled, overturning the High Court’s decision.’
OUT-LAW.com, 21st April 2016
Source: www.out-law.com
‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
‘The Court of Appeal have recently considered the issue of whether or not a missing bannister could amount to disrepair pursuant to section 4 of the Defective Premises Act 1972.’
Zenith PI Blog, 29th March 2016
Source: www.zenithpi.wordpress.com
‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’
Nearly Legal, 6th March 2016
Source: www.nearlylegal.co.uk/blog/
Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509
‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’
WLR Daily, 4th December 2015
Source: www.iclr.co.uk
‘Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual “housing repairs update”. We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably this time including some Councils taking cases to trial. As ever, our thanks to Beatrice Prevatt and Legal Action.’
Nearly Legal, 13th December 2015
Source: www.nearlylegal.co.uk
‘Banksy has been described as a pseudonymous graffiti artist, political activist, film director, and painter. In The Creative Foundation v Dreamland Leisure Ltd & Others [2015] EWHC 2556 (Ch) Mr Justice Arnold had to decide the ownership of a mural known as “Art Buff” attributed to Banksy and spray-painted overnight in September 2014 onto an external flank wall of an amusement arcade (”the building”) in Folkestone owned by Stonefield Estates Ltd (“Stonefield”). The ingenuous arguments advanced on behalf Dreamland in support of its claim to be the owner of the mural are arguably at least as imaginative as the mural. The judgment addresses a novel point.’
New Square Chambers, 30th September 2015
Source: www.newsquarechambers.co.uk
‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’
WLR Daily, 11th September 2015
Source: www.iclr.co.uk
‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
Full story
New Law Journal, 29th May 2015
Source: www.newlawjournal.co.uk
‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’
Nearly Legal, 4th May 2015
Source: www.nearlylegal.co.uk
‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’
Nearly Legal, 8th April 2015
Source: www.nearlylegal.co.uk
‘In the last few days before campaigning for May’s election started, the UK Consumer Rights Act finally made it through the parliamentary process and became law. Most of the CRA will take effect in October 2015, although this date needs rubber-stamping by parliament.’
Technology Law Update, 31st March 2015
Source: www.technology-law-blog.co.uk
‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’
Hardwicke Chambers, 9th March 2015
Source: www.hardwicke.co.uk
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