Leasehold Upper Tribunal roundup By Giles Peaker – Nearly Legal
‘Some quick notes on various recent (ish) Upper Tribunal decisions.’
Nearly Legal, 10th 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
‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’
The Guardian, 15th January 2024
Source: www.theguardian.com
‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’
Nearly Legal, 9th January 2024
Source: nearlylegal.co.uk
‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’
Local Government Lawyer, 9th January 2024
Source: www.localgovernmentlawyer.co.uk
‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’
Local Government Lawyer, 9th January 2024
Source: www.localgovernmentlawyer.co.uk
‘Rogue social housing landlords could be forced to repair mouldy homes within 24 hours as part of government proposals after a toddler’s death.’
BBC News, 9th January 2024
Source: www.bbc.co.uk
‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’
Doughty Street Chambers, 16th November 2023
Source: insights.doughtystreet.co.uk
‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’
Tanfield Chambers, 29th November 2023
Source: www.tanfieldchambers.co.uk
‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’
Tanfield Chambers, 16th November 2023
Source: www.tanfieldchambers.co.uk
‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’
Local Government Lawyer, 12th December 2023
Source: www.localgovernmentlawyer.co.uk
‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’
Nearly Legal, 5th December 2023
Source: nearlylegal.co.uk
‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’
Local Government Lawyer, 4th December 2023
Source: www.localgovernmentlawyer.co.uk
‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’
Local Government Lawyer, 30th November 2023
Source: www.localgovernmentlawyer.co.uk
Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.
Nearly Legal, 19th November 2023
Source: nearlylegal.co.uk
‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’
Falcon Chambers, 9th October 2023
Source: www.falcon-chambers.com