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Door Handle Missing – Landlord and Builder Negligent

On 26th August 2007 the claimant, Miss Jasmine Alexander, was injured when the index finger of her left hand was caught in the front door of the block of flats where she lived. She suffered a traumatic partial amputation of her finger. The building contractor, Christopher Place, had been engaged by the landlord, Freshwater Properties Ltd, to ...

Missing Handrail – Landlord Held Liable for Fall

Hannon v Hillingdon Homes Ltd EWHC 1437 (QB) is a personal injury claim which arises out of an injury that the claimant Mr Patrick Hannon (“Mr Hannon”) suffered when he fell whilst carrying out maintenance work to the central heating and hot water boiler at a house owned by the defendant Hillingdon Homes Limited (“Hillingdon”) (a cooprate ...

Minor Amendment to HMO Licensing Application Legislation

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(Amendment)(England) Regulations 2012 comes into force on 10 September 2012 and applies to England only. The regulations make a minor amendment to the Licensing and Management of Houses in Multiple Occupation and Other Houses ...

Legionnaires’ disease: The control of legionella bacteria in water systems

We have produced some practical guidance on producing your own legionella risk assessment including templates that will work on compatible mobile devices. The Health and Safety Executive (“HSE”) has announced a revision to the Approved Code of Practice (ACOP) and guidance Legionnaires’ disease: The control of legionella bacteria in ...

Still Being Debated – What are the Periods of a Statutory Periodic Tenancy?

Thanks to the nearlylegal blog for this one (who in turn offer thanks to Legal Action’s ‘Recent Developments in Housing Law’ , Edwards Duthie and Liz Davies for the case). In Lappin v Surace, Romford County Court 13 June 2012, Mr Lappin let a property to Ms Surace on an assured shorthold tenancy for 12 months from 20 April 2009 to 19 April ...

New Offence of Squatting in a Residential Building

At the time of writing, it was not a criminal offence for a person to enter a residential building as a trespasser. If however, a residential occupier returns home perhaps after a holiday, to find a trespasser in their home, it becomes a criminal offence for the trespasser if he / she fails to leave on being required do so by the displaced ...

Failure to Have HMO Licence and Proceeds of Crime

If a house in multiple occupation ("HMO") requires a licence whether that's because it has 3 storeys and 5 or more occupiers or because it's located in an additional licensing area, it's a criminal offence to operate the HMO without a licence . Also, if there is a selective licensing area and a landlord operates a house (not necessarily an ...

Licence Fees Must be Reasonable and Proportionate

Below has been amended to include a link to the Court of Appeal judgment because it was first reported from High Court judgment. The general consensus is that the below case is authority that HMO licensing fees charged by a local authority must only cover actual costs they incur in operating the scheme. Hemming (t/a Simply Pleasure Ltd) ...

Application to Assign not Valid by Email

Where a tenancy (other than a local authority tenancy) contains a clause that a tenant may not assign the tenancy without the consent of the landlord, which consent is not to be unreasonably withheld, the landlord has a duty to reply to any written application for consent within a reasonable period of time and to give reasons for his decision ...

Landlord not Liable for Tenant Slipping on Steps

Drysdale v Hedges High Court, QBD 27 July 2012 John Leighton Williams QC, sitting as a deputy Judge Background The landlord Ms Hedges let a property to Ms Drysdale which was a mid-terraced Victorian house on three floors. There were steps leading up to the front door which had been painted by Ms Hedges. There was a small wall to the left of