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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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.
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 -...
Assured tenancies
This page contains information on the following matters. Section 8 notices - address - agents Section 8 notices - reasonable recipient test Section 8 notices - dispensing with requirement of notice Acceptance of rent after an order for possession Meaning of "dwelling"...
Assured shortholds – s21 notices
This page contains details of some more recent material dealing with s21 notices: Gas safety certificates - Trecarrell House Section 21 notice can't be served by head landlord during mesne tenancy Starter tenancy - break clause - 6-month rule Tenancy Fees Act -...
Licences
Alms house Tenancy or licence Watts v Stewart [2016] EWCA Civ 1247 Summary The Court of Appeal dismissed an appeal against an order for possession brought by the occupant of an almshouse on grounds including that she occupied under a periodic tenancy, which had not...
Boats
Assured tenancy? Houseboats not protected Mew v Tristmire Ltd [2011] EWCA Civ 912 Summary Houseboats resting on wooden platforms had not become annexed to land. The occupiers of the houseboats were not therefore assured tenants for the purposes of the Housing Act...
Proceeds of crime
Receiver not entitled to possession against protected tenants B v N [2009] EWHC 2884 (Admin) Summary A receiver appointed under the Criminal Justice Act 1988 could only obtain possession against assured shorthold tenants by following the procedure set down by the...
Unlawful eviction
Damages under s27 of the 1988 Act Eviction whilst tenant in prison Kalas v Farmer [2010] EWCA Civ 108 Summary T was entitled to damages for unlawful eviction when L had sold the property to a third party with vacant possession while T was incarcerated in prison. Facts...
Notice to quit
One more chance No new tenancy Fareham Borough Council v Miller [2013] EWCA Civ 159 Summary L had terminated T-s non-secure tenancy by service of a notice to quit following anti-social behaviour by him and others occupying his property. Although L had given T one more...
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...