LawWorks podcasts

Hannah Lennox, Trainee Solicitor, talks about a recent strike-out in the First-tier Tribunal Property Chamber (Residential Property). 

Wandsworth Council sought a decision of the Tribunal that they were entitled under the terms of 2500 leases to install water sprinklers in leasehold properties of which they were the freeholder, enter those properties to be able to do so and then charge the leaseholders for having done so.  Several leaseholders successfully argued the application should be struck out because the Tribunal did not have jurisdiction to determine the case, the application was an abuse of the Tribunal process and, in any event, the application was bound to fail.  The Tribunal found each of these 3 grounds were made out.  You can read the decision in full on the gov.uk website.  BPP Legal Advice Clinic assisted several respondents in this group litigation case.

Please note content in this podcast and associated resources were correct as of the date of publication, December 2019.

Please note content in this podcast and associated resources were correct as of the date of publication, November 2019.

Roni Marsh, a welfare rights advisor, talks to LawWorks' Richard Pitkethly about Universal Credit. Covering an overview of overview of claiming process; common issues affecting Universal Credit clients; solutions to mitigate against the harsher aspects of Universal Credit e.g. advance payments; and, where to source help for clients.

• An introduction to Universal Credit

Please note content in this podcast and associated resources were correct as of the date of publication, October 2019.

1. Landlord and Tenant Act 1985, as amended
2. Guidance for tenants, landlords and local authorities:
3. How to rent guide (updated)
4. The 29 Housing Health and Safety Rating System (HHSRS) Hazards
5. Cases referred to:

• ‘ordinary reasonable man’:  Hall v Manchester Corporation [1915] L.J. Ch. 732, HL.
• ‘decently fit for human beings to live in’: Jones v Green [1925] 1 K.B. 659.
• The unfitness of one room: Summers v Salford Corp [1943] AC 283, [1943] 1 All ER 68.
• Totality of the defects: Wyse v Secretary of State for the Environment [1984] J.P.L. 256.
• Inconvenience and discomfort alone: Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC).

6. Pre-Action Protocol for Housing Disrepair Cases

Please note content in this podcast and associated resources were correct as of the date of publication, October 2019.

Pro bono costs are just like ordinary legal costs, but applicable where a party received free legal representation. If a civil case is won with pro bono help, pro bono costs can be ordered by the court, or included in settlements. The free legal help may be provided by any lawyer in the proceedings. The costs cover any period when free representation was provided and the amount is based on what a paying client would recover. The costs must be paid to the prescribed charity, the Access to Justice Foundation, which distributes the money to agencies and projects that give free legal help to those in need. Front line agencies responsible for obtaining pro bono costs can expect to receive up to 50% of the costs recovered.

For additional information on pro bono cost orders visit the Access to Justice Foundation website. 

The Government states: “The aim of the Act is to reduce the costs that tenants can face at the outset, and throughout, a tenancy, and is part of a wider package of measures aimed at rebalancing the relationship between tenants and landlords to deliver a fairer, good quality and more affordable private rented sector.”

The Act bans letting fees paid by tenants in the private rented sector and caps tenancy deposits, but some payments are still permitted payments.  The law applies in England. Given that the sums involved are relatively small (although important to tenants) it is likely that people will seek pro bono help where a prohibited payment has been demanded or taken.  It is therefore an area in which pro bono advice can make a real difference.

Tony Martin is supervising solicitor of the housing clinic at BPP University and a freelance trainer.

More information is available at www.gov.uk.

Please note content in this podcast and associated resources were correct as of the date of publication, June 2019.