‘Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.’
Nearlylegal, 3rd July 2014
Source: www.nearlylegal.co.uk/blog/
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)
Supreme Court, 8th May 2014
‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’
NearlyLegal, 13th April 2014
Source: www.nearlylegal.co.uk
‘Tenant evictions are a thorny subject. On one side tenants say they are often evicted illegally, without reason, and far too often. On the other, landlords complain that ousting troublesome tenants is expensive and time-consuming. We’ve looked at two evictions – one from a landlord’s point of view and the other from the tenant’s, and offered a guide to your rights – whichever side you are on.’
The Guardian, 5th April 2014
Source: www.guardian.co.uk
‘An ancient law which can force homeowners to pay for their local church’s repairs is blighting properties and depressing house sales, say campaigners. But what is chancel repair liability and what is the best way to deal with it?.’
BBC News, 13th March 2014
Source: www.bbc.co.uk
Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508
‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’
WLR Daily, 20th December 2013
Source: www.iclr.co.uk
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”
Local Government Lawyer, 12th August 2013
Source: www.localgovernmentlawyer.co.uk
Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329
“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
“Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC).
This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather troubled by some of the Court’s findings.”
NearlyLegal, 25th June 2013
Source: www.nearlylegal.co.uk
Supreme Court, 1st May 2013
“For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the leaseholder. As anyone who has dealt with repairs on housing association shared ownership schemes where the housing association is itself a lessee of part of the building will know, this can be an utter nightmare, where the immediate landlord can seem to escape any repairing obligations whatsoever. But what if the lease terms themselves contain an apparent error?”
NearlyLegal, 9th December 2012
Source: www.nearlylegal.co.uk
“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”
The Guardian, 30th October 2012
Source: www.guardian.co.uk
“Arthur Moore considers the liability of landlords in instances of fire damage.”
Hardwicke Chambers, 11th October 2012
Source: www.hardwicke.co.uk
“Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?”
NearlyLegal, 24th October 2012
Source: www.nearlylegal.co.uk
“The repairing obligations imposed on the landlord of a ‘dwelling-house’ by s.11(1) of the Landlord and Tenant Act 1985 are well known: the landlord must keep in repair the structure and exterior of the dwelling-house, as well as the installations within it.”
Hardwicke Chambers, 11th August 2012
Source: www.hardwicke.co.uk
“This is the second of two recent cases on Defective Premises Act 1972 and stairs. There is now a third case on Occupiers Liability Act 1957 with our note to come shortly.”
NearlyLegal, 16th August 2012
Source: www.nearlylegal.co.uk
“What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?”
NearlyLegal, 7th August 2012
Source: www.nearlylegal.co.uk
“Customers could face yet more hikes in their car insurance after a court ruling that experts fear could lead to minor repairs costing 25pc more.”
Daily Telegraph, 15th June 2012
Source: www.telegraph.co.uk
“A major motor insurer has been ‘boosting profits’ beyond the actual costs it incurs carrying out repairs, a County Court judge has said.”
OUT-LAW.com, 20th September 2011
Source: www.out-law.com
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