Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by tracey

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

Full Story

Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman finds severe maladministration at housing association over failings in response to silverfish infestation – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration at housing association Metropolitan Thames Valley (MTVH) over its failings in responding to a silverfish infestation at a resident’s flat.’

Full Story

Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

Full Story

The Guardian, 26th June 2022

Source: www.theguardian.com

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

Full Story

Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by tracey

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

Full Story

The Guardian, 16th June 2022

Source: www.theguardian.com

Service and admin charges – from the Upper Tribunal – Nearly Legal

‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’

Full Story

Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

New powers proposed to end unsafe cladding – BBC News

Posted February 15th, 2022 in bills, construction industry, fire, health & safety, leases, news, repairs by tracey

‘New powers proposed to end unsafe cladding’

Full Story

BBC News, 14th February 2022

Source: www.bbc.co.uk

Ombudsman finds London borough guilty of severe maladministration in handling of complaint about leak – Local Government Lawyer

Posted January 12th, 2022 in compensation, delay, housing, landlord & tenant, local government, news, ombudsmen, repairs by tracey

‘A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Leaseholders will not have to pay to fix any fire risks, government pledges – The Guardian

Posted January 11th, 2022 in defective premises, fire, health & safety, leases, news, repairs, taxation by tracey

‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’

Full Story

The Guardian, 10th January 2022

Source: www.theguardian.com

England’s austerity-hit courts losing days of work to collapsing ceilings, broken lifts and Arctic conditions – The Independent

‘England’s courts are so run-down they are losing days of work to collapsing ceilings, broken lift and Arctic conditions, the Lord Chief Justice has said.’

Full Story

The Independent, 16th November 2021

Source: www.independent.co.uk

Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian

Posted November 9th, 2021 in fire, government departments, health & safety, housing, leases, mortgages, news, repairs by tracey

‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’

Full Story

The Guardian, 8th November 2021

Source: www.theguardian.com

Housing disrepair claims and costs – Local Government Lawyer

Posted September 20th, 2021 in costs, housing, landlord & tenant, local government, news, repairs by tracey

‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’

Full Story

Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Costs and costs of repairs – Nearly Legal

‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’

Full Story

Nearly Legal, 30th August 2021

Source: nearlylegal.co.uk

‘We’re being gaslighted’: Leaseholders given huge bills despite government claim their flats are safe – The Independent

Posted August 23rd, 2021 in building law, fire, health & safety, housing, leases, news, repairs by tracey

‘Homeowners in low-rise apartment blocks are being told they must hand over life-changing sums because their flats could go up in flames, even though the government has claimed the buildings pose “no systemic risk” and don’t need to be fixed.’

Full Story

The Independent, 22nd August 2021

Source: www.independent.co.uk

Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

Full Story

OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

Right to repair rules will extend lifespan of products, government says – BBC News

‘Washing machines, TVs and fridges will be cheaper to run under a new legal right for repairs, the government says.’

Full Story

BBC News, 1stJuly2021

Source: www.bbc.co.uk

Between repairs and structural defects – Nearly Legal

Posted April 6th, 2021 in leases, news, repairs, service charges by sally

‘This was the Court of Appeal judgment on an appeal from the Upper Tribunal … where the issue was whether the leaseholders were liable under their service charge for the costs of works by City of London, the freeholder, to remedy structural defects.’

Full Story

Nearly Legal, 4th April 2021

Source: nearlylegal.co.uk

Leaseholders win battle with City of London over service charges – Local Government Lawyer

Posted March 31st, 2021 in leases, local government, London, news, repairs, service charges by tracey

‘Leaseholders have won a Court of Appeal case against the City of London Corporation over whether certain repairs to their homes are chargeable to them.’

Full Story

Local Government Lawyer, 31st March 2021

Source: www.localgovernmentlawyer.co.uk

Trying to shoot the messenger – Nearly Legal

Posted January 19th, 2021 in abuse of process, barristers, costs, negligence, news, nuisance, repairs, striking out by sally

‘The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the transformation of the law, and the successful appeal, it turns out that for Mr Moorjani that litigation, and indeed his subsequent claim, were actually quite disastrous. We now know this because Mr Moorjani brought a claim against his direct access barrister who acted for him at the county court trial of the original claim. This is the judgment on the defendant’s strike out application in that claim.’

Full Story

Nearly Legal, 17th January 2021

Source: nearlylegal.co.uk

Ping Pong and fire safety – Nearly Legal

Posted January 11th, 2021 in accidents, bills, fire, health & safety, housing, leases, news, repairs by sally

‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’

Full Story

Nearly Legal, 10th January 2021

Source: nearlylegal.co.uk