Tag Archives: disrepair

Deregulation Act 2015

The long awaited Deregulation Act received Royal Assent on Thursday 26 March 2015 and provides an immediate amendment of the law in relation to tenancy deposits. These changes are very welcome for landlords following the flurry of cases following Superstrike v Rodrigues. The Superstrike amendments: If the deposit was received before 06 April 2007 and […]

Time to get your house in order

Landlords are facing the prospect of wider and more severe sanctions for failing to keep rental properties in a safe and habitable condition. From yesterday landlords who fail to comply with an Improvement Notice or Prohibition Order to ensure properties are safe and habitable face unlimited maximum fines in the magistrate’s courts. Previously there was […]

More consultation over the Private Rental Sector

Due to the ever increasing demand for rental properties the Government have decided that a consultation on this area is needed. The discussion titled ‘Review of property conditions in the private rented sector’ is in its initial stages so no changes are imminent; but certain topics have been raised with a view to helping the […]

Landlords’ safety obligations

Thanks to our friends at Nearly Legal we have been alerted to the recent case of Gillian Drysdale v Joanne Hedges (2012) QBD 27/07/2012. A tenant slipped off some steep steps while moving her belongings in at the beginning of the tenancy and injured her back. The steps were painted with gloss paint which became […]

Disrepair…..

We often get asked by Landlords whether the council can inspect their houses and force them to carry out works. Therefore the answer is below: The Building Act 1984 ss77 and ss78 allows local councils to take action where they believe a property is dangerous. Under s77 they can apply to the Magistrates Court for […]

Does it form part of the structure or not?

In Grand v Gill, the landlord had a damages and costs award made against him for disrepair. Grand entered into an assured shorthold tenancy on the 21 November 2004. The tenancy continued thereafter on a statutory periodic tenancy. Grand occupied the property with her daughter who is now over the age of 18. Grand made […]

Not an AST?

In Kahlon v Isherwood the court held that a tenant that had a Assured Tenancy but agreed to the grant of an Assured Shorthold Tenancy as part of a settlement of court proceedings was, in fact, still an Assured Tenant. Isherwood became a tenant in 1994. Since 2000 there had been 3 claims for possession […]

Drafting….

The pitfalls of bad drafting – be warned! In Perriam Limited v Wayne and Daly, the High Court had to decide whether Wayne and Daly were still liable pursuant to a Deed of Variation (“Deed”) they entered into. Wayne and Daly were the guarantors under a commercial lease with Perriam. Perriam pursuant to the Deed […]

Carbon Monoxide

In December 2010 the Health and Safety Executive released a Safety Notice to raise awareness of the potential dangers from certain types of flues connected to gas-fired central heating installations in some properties. Unfortunately the Notice was released following the death of a person in a property earlier that year but there is now an […]

Unlawful Eviction

We very rarely get asked questions about the possible consequences of an unlawful eviction where there has been violence. This is possibly a good thing or possibly a situation that agents stay clear of. However, some recent cases have prompted this article only to provide some guidance to those that face such a situation. In […]

Cold Weather and Tenant’s Obligations

Given the current weather conditions it seemed appropriate to do a post on what happens if a property is left by the tenant and the pipes freeze and burst. The short answer to the question is to consider how unreasonable the tenant’s conduct has been. If the tenant has only been away for a short […]

Damp- The Legal Position

At this time of year we are often asked about damp and mould growth in properties and who is liable for it. This can be a difficult question to answer and it often depends on precisely what is causing the damp. Under Section 11(1)(a) Landlord and Tenant Act 1985 (LTA), Landlords have an obligation to […]

Bed Bugs and Landlord’s Liability

A recent story on the BBC News website highlights that bed bugs are back and spreading in the USA and Western Europe. We are often asked about pests and who is responsible for their eradication. During the tenancy if pests arise it will normally be up to the tenant to deal with them (after all […]

Costs and the Disrepair Pre-Action Protocol

In a recent case the Court of Appeal considered the issue of legal costs on a claim using the Disrepair Pre-Action Protocol. In Birmingham City Council v Lee the Council was initially given notice of disrepair in Mrs Lee’s property by solicitors in a letter which made mention of the protocol. The Council repaired the […]

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