The online resource for UK Property Law

Residential Tenancies

This section of the site contains material on landlord and tenant law that is specific to residential occupation of premises (including boats and mobile homes).

To go to the information that is of interest to you click on the relevant link in the contents section on the left, or the dropdown menu above.

Defective Premises Act

Defective Premises Act 1972 Section 4 of the 1972 Act: (1) Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to...

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Costs in disrepair cases

Small claims track or fast track costs Effect of protocol Birmingham City Council v Lee [2008] EWCA Civ 891 Summary This is an important case on costs. The tenant used the Pre-action Protocol for Housing Disrepair Cases. The works were done before litigation and the...

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Liability of landlord

Topics dealt with on this page include: Common parts - Southwark LBC v Long Compromise of earlier possession claim - not an abuse of process to bring disrepair claim - Henley v Bloom Condensation and damp - Lee v Leeds; Southwark LBC v McIntosh Installations -...

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Damages for disrepair

This page explains the principles to be applied when calculating damages in a housing disrepair case. Introduction How much should the tenant received in damages? How long is a piece of string? It is often very difficult to form a precise view. Every case will turn...

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Notice of disrepair – s11

Section 11 of 1985 Act Landlord-s obligation - structure - notice Edwards v Kumarasamy [2016] UKSC 40 Summary The Supreme Court held that a path leading from a car park to the entrance door of a front hall to a building was not part of the -structure and exterior of...

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Committal

Hearsay evidence Length of sentence Wear Valley District Council v Robson [2008] EWCA Civ 1470 Summary Hearsay evidence is admissible on an application for committal for breach of an anti-social behaviour injunction. Facts The local authority landlord sought and were...

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Possession orders

This page deals with a number of matters that are relevant to claims for possession based upon anti-social behaviour: Adjourning the claim on an undertaking. Ground 14. The use of hearsay evidence in possession claims. Suspended or outright possession order - what...

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Injunctions under 1996 Act

This page deals with the following matters: "Housing related conduct". The wording of the order. Without notice injunctions under the 1996 Act. Housing-related conduct Swindon v Redpath [2009] EWCA Civ 943 Summary This case considered the meaning of "housing-related...

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Tenant’s notice to quit

Served by one of only two joint tenants Sims v Dacorum Borough Council[2014] UKSC 63A secure tenancy can be brought to an end by one of two joint tenants serving a notice to quit. That was held to be the position in Hammersmith and Fulham v Monk [1992] AC 478 and was...

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