Abimbola Badejo's posts
The repairing obligation of any landlord is to keep in repair the structure and exterior of the property. That means that unless there is disrepair to the structure and exterior, the landlord has no duty to carry out repairs. Where there is condensation leading to mould growth, the landlord is only liable under your tenancy agreement and under section 11 of the Landlord and Tenant Act 1985 if the condensation is caused by a defect in the structure or exterior of the property or due to for instance any defects in the heating system. Even if the landlord is not liable under section 11 of the Landlord and Tenant Act, the Landlord may well be liable under the Environmental Protection Act 1990. I think the starting point is for you all to go and see a specialist housing solicitor who can instruct a suitably qualified expert to determine the cause of the mould and that solicitor will be able to advice as to the appropriate further action.
Posted in: Overcrowding with rent arrears
If the local authority are simply operating a blanket policy without considering the individual circumstances of the case then there is a possible ground for a challenge. Therefore you will need to carefully consider the circumstances that were taking into account before deciding whether a challenge is worthwhile. The fact that the property is overcrowded does not mean that it automatically unsuitable so the overcrowding will not necessarily take precedence.
Posted in: Mutual exchange with a relative
The fact that the potential exchange is between family members is not a reason to prevent an exchange.
Posted in: succsession
There is clear case law that says that where a secure succeeds to a tenancy, that tenant is only liable for the arrears of rent accruing from the date of the succession. You therefore start with a clean slate and you are not liable for the arrears owed by your mother. You should fight the claim and go and see housing expert housing solicitors. If the possession order was based purely on the rent owed by your mother then you should immediately apply to the court to have the order set aside. Act fast and good luck. In my view you stand very good prospects of success.
Posted in: ADVISE NEEDED
Section 11 of the Landlord and Tenant Act 1985.
Posted in: ADVISE NEEDED
The landlord is under a duty to keep in repair the structure and exterior of your property. That includes the skylight. If the landlord does not repair within a reasonable time of being told of the problem then you are entitled to be compensated for any distress and inconvenience caused as a result of the landlord's failure to repair. It is never advisable to withhold rent until works are done because the arrears situation could get out of control with the resulting risk to the future of the tenancy. I suggest that you keep on with your efforts to get the work done. Whilst waiting for the works to be done, I suggest you write to your landlord putting it on notice that you intend to bring a claim for compensation for the distress and inconvenience you have suffered. You can go and see a solicitor but because it is just the skylight and the problem is only a few months old, the recoverable compensation is such that you may not qualify for legal aid. If you write a strongly worded letter seeking compensation that may help to get the works done and may also encourage the landlord to pay compensation without legal action.
Posted in: HA tenant inherits property in UK or abroad
As a matter of law, if a person inherits property in the UK or anywhere else in the world, that will not affect their security of tenure whether their tenancy is an assured or secure tenancy provided they continue to reside in the secure or assured tenancy property as their principal or only home.
Posted in: Staff accountability
Surely the easiest thing to do in these circumstances is to take the matter up with the employer of the said housing staff. They will be keen to avoid any adverse publicity and are therefore likely to take steps to resolve the matter.
Before a local authority can sell a tenanted home to a housing association, it has to consult the tenants that will be affected by the proposed sale. The local authority will put forward a consultation document which effectively tells tenants what they will get if the transfer goes ahead. Tenants will be invited to put forward their view in response to the consultation document. If the local authority decides to proceed with the transfer, it will need a positive vote in favour by the majority of tenants who vote in the ballot.
Therefore if the majority of tenants who vote are in favour of the transfer there is not much that can be done to stop the transfer proceeding.
It is clear that all the three matters must be considered together. It is possible for an isolated dwelling to fall within the exception if the other requirements are satisfied. For instance you could have a ground floor flat that has been specially adapted for use of a disabled tenant.
That flat will be part of a group of flats which the landlord lets to disabled persons. Therefore provided that facilities are provided in close proximity to that flat then I think the exception will apply. As has been pointed out that will be a question of fact in each case.