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

Repairs, renewals and ‘like for like’ – Nearly Legal

Posted October 1st, 2020 in landlord & tenant, local government, news, repairs, service charges by sally

‘A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the service charge.. which takes us into the nature of a repair or renewal and how far it needs to be ‘like for like’ or whether it simply needs to be such as to make the property ‘reasonably fit for occupation’.’

Full Story

Nearly Legal, 30th September 2020

Source: nearlylegal.co.uk

Just a walk in the Park – No. 5 Chambers

‘The interplay of cases and statutes including some from the last century hardly makes for exciting bedtime reading but Barlow v Wigan MBC is an important decision for those who suffer injury as a result of a highway defect particularly if they are walking on a path in a park established many years ago. It is also a tribute to solicitors and counsel who pursue such claims with dogged determination, and in the case of those acting for Claimants, at a risk if the claim is unsuccessful of receiving no payment in return.’

Full Story

No. 5 Chambers, 8th June 2020

Source: www.no5.com

Landlord’s certification conclusive and binding on issues of law? – Hardwicke Chambers

Posted June 11th, 2020 in covenants, landlord & tenant, news, rent, repairs, service charges, set-off by sally

‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’

Full Story

Hardwicke Chambers, 10th June 2020

Source: hardwicke.co.uk

Not signed, not sealed, not delivered – Nearly Legal

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

Full Story

Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers

‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’

Full Story

Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Revised pre-action protocols – St Ives Chambers

Posted February 17th, 2020 in chambers articles, housing, landlord & tenant, news, pre-action conduct, repairs by sally

‘Two important protocols have been revised that apply to social housing providers with effect from 13 January 2020.’

Full Story

St Ives Chambers, 4th February 2020

Source: www.stiveschambers.co.uk

Two in five prisons in poor condition, watchdog finds – The Guardian

‘The government is failing in its efforts to improve prison conditions, with record levels of safety breaches and “huge” backlogs in repairs, Whitehall’s spending watchdog has found. The National Audit Office said plans to “provide and maintain safe, secure and decent prisons” had not been carried out.’

Full Story

The Guardian, 7th February 2020

Source: www.theguardian.com

London Borough of Southwark v Royce & Nicoue [2019] UKUT 331 (LC) – Tanfield Chambers

‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’

Full Story

Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent

‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’

Full Story

The Independent, 16th January 2020

Source: www.independent.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

Full Story

Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI – Local Government Lawyer

‘Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.’

Full Story

Local Government Lawyer, 29th November 2019

Source: www.localgovernmentlawyer.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

Full Story

Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

The future for me is already a thing of the past – Nearly Legal

Posted November 13th, 2019 in appeals, costs, housing, landlord & tenant, news, repairs, third parties by sally

‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’

Full Story

Nearly Legal, 12th November 2019

Source: nearlylegal.co.uk

Accidental death verdict for man electrocuted on football pitch – The Guardian

Posted October 3rd, 2019 in accidents, health & safety, inquests, news, repairs, sport by tracey

‘A jury has returned a verdict of accidental death at the inquest of a man who was electrocuted as he climbed over a fence to retrieve a football while playing a five-a-side match.’

Full Story

The Guardian, 2nd October 2019

Source: www.theguardian.com