Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40
‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’
WLR Daily, 28th January 2015
Source: www.iclr.co.uk
‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’
NearlyLegal, 28th January 2015
Source: www.nearlylegal.co.uk
‘Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013
Claimant had been the protected tenant of a two bed flat in a Victorian terrace conversion for 30 years. Current rent was £191 per week.’
NearlyLegal, 18th January 2015
Source: www.nearlylegal.co.uk
‘The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest in a dwelling to sue the person responsible for building the dwelling, or carrying out any work in connection with the dwelling, where the dwelling is not fit for human habitation when the work is completed.’
NearlyLegal, 15th January 2015
Source: www.nearlylegal.co.uk
‘Currently landlords obligated to repair fundamental fault in property – but can evict tenants if they pursue rights to repair.’
The Guardian, 13th January 2015
Source: www.guardian.co.uk
‘As the average lease length decreases, a review of dilapidations liability by the Court of Appeal is timely. Dilapidations are the repair works which have not been undertaken by the tenant, in breach of the terms of the lease.’
Law Society’s Gazette, 12th January 2015
Source: www.lawgazette.co.uk
‘The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted from the gentle caress of the Parliamentary Draftsman’s office so it looks entirely different.’
NearlyLegal, 27th November 2014
Source: www.nearlylegal.co.uk
This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now.
NearlyLegal, 5th November 2014
Source: www.nearlylegal.co.uk
‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’
NearlyLegal, 12th August 2014
Source: www.nearlylegal.co.uk
‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’
Hardwicke Chambers, 4th July 2014
Source: www.hardwicke.co.uk
‘The proposed legislation seeks to ‘end the liability of lay rectors for the repair of chancels’ – in other words abolishing the demands for landowners to fund repairs to their parish church.’
Law Society’s Gazette, 17th July 2014
Source: www.lawgazette.co.uk
‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’
OUT-LAW.com, 9th July 2014
Source: www.out-law.com
‘Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.’
Nearlylegal, 3rd July 2014
Source: www.nearlylegal.co.uk/blog/
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)
Supreme Court, 8th May 2014
‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’
NearlyLegal, 13th April 2014
Source: www.nearlylegal.co.uk
‘Tenant evictions are a thorny subject. On one side tenants say they are often evicted illegally, without reason, and far too often. On the other, landlords complain that ousting troublesome tenants is expensive and time-consuming. We’ve looked at two evictions – one from a landlord’s point of view and the other from the tenant’s, and offered a guide to your rights – whichever side you are on.’
The Guardian, 5th April 2014
Source: www.guardian.co.uk
‘An ancient law which can force homeowners to pay for their local church’s repairs is blighting properties and depressing house sales, say campaigners. But what is chancel repair liability and what is the best way to deal with it?.’
BBC News, 13th March 2014
Source: www.bbc.co.uk
Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508
‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’
WLR Daily, 20th December 2013
Source: www.iclr.co.uk
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”
Local Government Lawyer, 12th August 2013
Source: www.localgovernmentlawyer.co.uk
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