Articles tagged Disrepair
Underhand but not abusive
Andrew Henley v Shelly Bloom [2010] EWCA Civ 202
This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley’s claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit judge having been dismissed.
The brief facts: Mr H was [...]
Comments Off
Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009
Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with the property since early in the tenancy including mould growth, an unpleasant odour [...]
Comments Off
Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009
Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been problems with the property since early in the tenancy including mould growth, an unpleasant odour [...]
Comments Off
Catching up with LAG
The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…
Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a [...]
Comments Off
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.
We’ve covered most of the cases here, but there are some others that are well worth a mention…
Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 [...]
Comments Off
Two disrepair cases and one HSE prosecution
I have just received the excellent Legal Action Magazine, and have found three cases, which I hasten to share with you.
HSE v. Hussain – Stafford Crown Court – 25 February 2009
This was a prosecution brought by the HSE under the gas regulations against Mr Hussein. Mr Hussein had 12 properties, 9 had gas appliances but [...]
Comments Off
These we have missed…
And thanks to the Garden Court bulletin for pointing them out. A couple of cases not yet available on Bailii.
R(Gardiner) v Haringey LBC [2009] EWHC 2699 (Admin), [2009] All ER (D) 301 (Oct).
Or ‘everything old is new again’
From the full judgment: Ms G. had applied as homeless to Haringey, who found she was not homeless [...]
Comments Off
Continuity of tenancy
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court
Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 – when the new tenancy and the original tenancy are to be treated as the [...]
Comments Off
What do you want me to do about it?
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour.
In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J considered [...]
Comments Off
Costs on conceded appeals
We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a whole had been stayed under [...]
Comments Off