Homes (Fitness for Human Habitation) Bill 2017-19

The Homes (Fitness for Human Habitation) Bill 2017-19 is currently making its way through Parliament. The Bill seeks to amend the Landlord and Tenant Act 1985 to ensure rented accommodation is provided and maintained in a state of fitness for human habitation, and to amend the Building Act 1984 to provide liability for works on residential accommodation that do not comply with Building Regulations.

Currently there are statutory obligations on landlords to keep in repair the structure and exterior of their properties, and to repair installations for the supply of water, heating and sanitation pursuant to s.11 Landlord and Tenant Act. However, provisions requiring landlords to ensure that their properties are fit for human habitation have ceased to have effect due to obsolete annual rent limits of £52 or less, and £80 or less in London.

Court of Appeal Upholds Finding that a Three Year Inspection Cycle of High Risk Trees is Inadequate

Witley Parish Council v Andrew Cavanagh (2018)[2018] EWCA Civ 2232

Witley Parish Council has lost its appeal against a decision that it was negligent after a tree fell and injured Mr Cavanagh whilst he was driving a bus.

Court Refuses to Disapply Limitation Period in Historical Abuse Case Against Volunteer Teacher

Peter John Sebastian Murray v Martin Devenish (on his own behalf & as representative of all other members of the unincorporated association known as The Sons of the Sacred Heart of Jesus) (2018)[2018] EWHC 1895 (QB) QBD (Nicol J) 24/07/2018

The claimant alleged that he had been sexually abused in the 1970s by a volunteer teacher at a school run by the defendant religious order. 

Employer Vicariously Liable for Assault by Employee at After Party Drinks

Clive Bellman (A protected party by his litigation friend, Susan Thomas) v Northampton Recruitment Ltd (2018)[2018] EWCA Civ 2214

The Court of Appeal has held a company vicariously liable for an assault committed by its managing director on an employee after a Christmas party.

Regulatory Roundup

• Construction Company and Director Prosecuted for Dangerous Building Site

• Construction Company Fined £1.25 million After Exposing Public to Carbon Monoxide

• Bandsaw Injury Leads to Fine After Worker Loses Fingers

Forbes at Trial: Skate Park Claim Dismissed

Allen v Cycle Route Ltd t/a Override Skate Park

In 2015 the claimant attended a skate park owned by the defendant accompanied by a guardian. The 11-year-old claimant was scooting along the street section of the park, consisting of a drop down ramp to a flat bank which included a grind rail, when he came off his scooter and hit his knee on the grind rail. The grind rail is a steel pole resting on legs and is a common feature in skate parks all over the world. The claimant alleged that he lost control because he suddenly saw the grind rail and swerved to avoid it. His left knee impacted on the rail and he suffered a laceration below his knee leaving him with a scar.