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24 January 2019
Issue: 7825 / Categories: Features , Procedure & practice , Civil way
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Civil way: 25 January 2019

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Blow to residential landlords; setting aside post-admission; family forms forever; demolition device demolished.

THREAT TO RODENTS

There’s as much chance that a landlord will expressly covenant to put, let alone keep, their rented dwelling in a state that makes it fit for human habitation as me being honoured for services to the administration of justice. Yes, I know that s 8 of the Landlord and Tenant Act 1985 implies a condition and undertaking to this effect but, because of the qualifying rental limits, its application is effectively now restricted to hovels comprising no more than a matchbox, devoid of loo and wifi. Of course, councils can take action against landlords of festering premises. However, the risk criteria they employ is out of date, and it just may happen that the council is the landlord and unable to enforce against itself. The 1985 Act obligation on landlords, if discharged, to keep in repair the structure and exterior of premises and installations for the supply of water, heating and sanitation may still leave those premises unfit

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MOVERS & SHAKERS

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Forbes Solicitors—Stephen Barnfield

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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