Ombudsman’s decisions and housing conditions claims – Nearly Legal

Posted December 15th, 2022 in complaints, damages, health & safety, housing, news, ombudsmen, repairs by tracey

‘Plunkett v Clarion HA. County Court at Central London. Ms Plunkett was an assured tenant of Clarion, on the Eastfields Estate. She began a claim for disrepair and unfitness for human habitation while in temporary accommodation in a hotel. The defects complained of were primarily leaks to the interior of the flat and outside the front door causing interior damp, significant mould growth, leaks from above, non-functioning ventilation to kitchen and bathroom, and infestation of mice, for periods of two to four years. The existing issues and unfitness for human habitation were confirmed in an independent expert report. Clarion had refused to agree a single joint expert.’

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Nearly Legal, 13th December 2022

Source: nearlylegal.co.uk

Awaab Ishak’s death shed light on a social housing scandal. Now we have a brief chance to fix it – The Guardian

‘A two-year-old died after exposure to mould in his house in Rochdale. We must ensure no other family suffers like this.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

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Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

City council secures £59k fine amid “zero tolerance” policy on poorly maintained heritage buildings – Local Government Lawyer

Posted November 14th, 2022 in fines, local government, monuments, news, repairs by tracey

‘Stoke on Trent City Council has warned owners of historic buildings in the city that they will face legal action if they do not maintain their buildings following two successful prosecutions that lead to the courts handing out more than £60,000 in fines.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

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.’

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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.’

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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.’

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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.’

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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”.’

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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.”’

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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’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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BBC News, 1stJuly2021

Source: www.bbc.co.uk