Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Disrepair miscellany: Good, bad and ugly – Nearly Legal

Posted December 14th, 2015 in appeals, damages, housing, landlord & tenant, local government, news, repairs by sally

‘Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual “housing repairs update”. We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably this time including some Councils taking cases to trial. As ever, our thanks to Beatrice Prevatt and Legal Action.’

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Nearly Legal, 13th December 2015

Source: www.nearlylegal.co.uk

Art and ingenuity – New Square Chambers

Posted October 7th, 2015 in artistic works, leases, news, repairs by sally

‘Banksy has been described as a pseudonymous graffiti artist, political activist, film director, and painter. In The Creative Foundation v Dreamland Leisure Ltd & Others [2015] EWHC 2556 (Ch) Mr Justice Arnold had to decide the ownership of a mural known as “Art Buff” attributed to Banksy and spray-painted overnight in September 2014 onto an external flank wall of an amusement arcade (”the building”) in Folkestone owned by Stonefield Estates Ltd (“Stonefield”). The ingenuous arguments advanced on behalf Dreamland in support of its claim to be the owner of the mural are arguably at least as imaginative as the mural. The judgment addresses a novel point.’

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New Square Chambers, 30th September 2015

Source: www.newsquarechambers.co.uk

The Creative Foundation v Dreamland Leisure Ltd and others – WLR Daily

Posted September 18th, 2015 in artistic works, landlord & tenant, law reports, leases, repairs by tracey

The Creative Foundation v Dreamland Leisure Ltd and others; [2015] EWHC 2556 (Ch); [2015] WLR (D) 383

‘Any part of demised premises which has been justifiably removed from the premises by a tenant in accordance with the tenant’s obligation to repair the premises, and which becomes a chattel having substantial value, vests in the landlord.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

Why cracking up isn’t a laughing matter! – New Law Journal

Posted June 3rd, 2015 in environmental health, housing, insurance, news, repairs by sally

‘Ground stability issues aren’t something the average homeowner considers when putting in an offer on their new home. It is more likely that thoughts will turn to BBQs on the lawn while the sun is shining, rather than focusing on what lies beneath the property.’
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New Law Journal, 29th May 2015

Source: www.newlawjournal.co.uk

As difficult as pulling teeth – Nearly Legal

Posted May 5th, 2015 in costs, damages, housing, landlord & tenant, news, repairs by sally

‘Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that.’

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Nearly Legal, 4th May 2015

Source: www.nearlylegal.co.uk

Well I wouldn’t start from here – Nearly Legal

‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’

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Nearly Legal, 8th April 2015

Source: www.nearlylegal.co.uk

The Consumer Rights Act 2015 – how it will impact suppliers of digital content – Technology Law Update

Posted April 1st, 2015 in computer programs, consumer protection, news, repairs by sally

‘In the last few days before campaigning for May’s election started, the UK Consumer Rights Act finally made it through the parliamentary process and became law. Most of the CRA will take effect in October 2015, although this date needs rubber-stamping by parliament.’

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Technology Law Update, 31st March 2015

Source: www.technology-law-blog.co.uk

The continuing problem of recovering the cost of improvements from leaseholders – Hardwicke Chambers

Posted March 17th, 2015 in costs, landlord & tenant, leases, local government, news, repairs by sally

‘The distinction between a repair and an improvement when a landlord carries out works to a property is often problematic. The volume and age of reported cases on this point shows this is not a recent problem.’

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Hardwicke Chambers, 9th March 2015

Source: www.hardwicke.co.uk

Edwards v Kumarasamy – WLR Daily

Posted February 3rd, 2015 in appeals, covenants, landlord & tenant, law reports, repairs by tracey

Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40

‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’

WLR Daily, 28th January 2015

Source: www.iclr.co.uk

Unnoticed – NearlyLegal

Posted January 29th, 2015 in appeals, easements, housing, landlord & tenant, news, repairs by sally

‘Mr Edwards rented a second floor flat from Mr Kumarasamy. Mr K was the leaseholder of that flat, but did not own any other part of the property. Mr K’s lease granted him “the right to use on foot the entrance hall, lift and staircases giving access to the flat; the right to use an access road and parking space and the right to use the Bin Store (which is part of the Communal Areas as defined) and other facilities provided by the landlord. Regulations forming part of the lease in fact require all domestic rubbish to be placed in the Bin Store.”’

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NearlyLegal, 28th January 2015

Source: www.nearlylegal.co.uk

Disrepair damages update – NearlyLegal

Posted January 21st, 2015 in damages, landlord & tenant, leases, legal aid, news, repairs by sally

‘Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013
Claimant had been the protected tenant of a two bed flat in a Victorian terrace conversion for 30 years. Current rent was £191 per week.’

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NearlyLegal, 18th January 2015

Source: www.nearlylegal.co.uk

Is there a maximum award for general damages arising under contract? – NearlyLegal

Posted January 16th, 2015 in damages, defective premises, news, repairs, representative actions by sally

‘The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest in a dwelling to sue the person responsible for building the dwelling, or carrying out any work in connection with the dwelling, where the dwelling is not fit for human habitation when the work is completed.’

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NearlyLegal, 15th January 2015

Source: www.nearlylegal.co.uk

Private renters’ rights are stuck in the dark ages, Citizens Advice warns – The Guardian

‘Currently landlords obligated to repair fundamental fault in property – but can evict tenants if they pursue rights to repair.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

Commercial property: dilapidations liability – Law Society’s Gazette

Posted January 12th, 2015 in damages, dilapidations, landlord & tenant, leases, news, repairs by sally

‘As the average lease length decreases, a review of dilapidations liability by the Court of Appeal is timely. Dilapidations are the repair works which have not been undertaken by the tenant, in breach of the terms of the lease.’

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Law Society’s Gazette, 12th January 2015

Source: www.lawgazette.co.uk

Stop Retaliating! – NearlyLegal

Posted November 27th, 2014 in bills, complaints, housing, landlord & tenant, news, notification, repairs, time limits by sally

‘The Tenancies Reform Bill has now been formally published following its second reading. The Bill has changed substantially from the original version that was put forward by Sarah Teather MP and drafted by Shelter. We commented on the Bill before as we had seen the version produced at first reading. The Bill has now benefitted from the gentle caress of the Parliamentary Draftsman’s office so it looks entirely different.’

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NearlyLegal, 27th November 2014

Source: www.nearlylegal.co.uk

Rooting out heresy – NearlyLegal

Posted November 5th, 2014 in appeals, landlord & tenant, leases, news, repairs by sally

This is a post about the consultation provisions in ss.20, 20ZA, Landlord and Tenant Act 1985, applicable in respect of service chargeable costs. If you’re not interested in long leasehold law (which, looking at the site stats for most popular pages, is most of you), then look away now.

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NearlyLegal, 5th November 2014

Source: www.nearlylegal.co.uk

Indecent homes and major works charges – NearlyLegal

Posted August 13th, 2014 in landlord & tenant, news, repairs, service charges by sally

‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’

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NearlyLegal, 12th August 2014

Source: www.nearlylegal.co.uk

Damages for disrepair – Long leasehold properties – Hardwicke Chambers

Posted August 7th, 2014 in compensation, damages, housing, leases, news, repairs by sally

‘A leaseholder with a leaking roof or defective shared heating system faces two questions: Who is responsible for undertaking the necessary repairs to the building and internal repairs to their property and how will it be paid for?’

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Hardwicke Chambers, 4th July 2014

Source: www.hardwicke.co.uk

A bill to abolish chancel repair liability has been successfully introduced into the House of Lords – Law Society’s Gazette

Posted July 18th, 2014 in bills, Church of England, ecclesiastical law, parliament, repairs by tracey

‘The proposed legislation seeks to ‘end the liability of lay rectors for the repair of chancels’ – in other words abolishing the demands for landowners to fund repairs to their parish church.’

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Law Society’s Gazette, 17th July 2014

Source: www.lawgazette.co.uk