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The case

We conducted research and provided advice on various challenges mounted in wide-ranging areas of housing lawThis include cases of landlords overcharging for service charges and the difficulties tenants face in challenging them due to the cost implications of bringing a claim to the First Tier Tribunal. We are considering utilising trust laws to address these issues. 

We also advised on how strategic litigation could be used to accelerate progress in improving home energy efficiency in the UK in both new and existing housing.

We conducted an analysis of the relevant legislative regime on central government, local authority, and planning inspectorate duties to identify potential routes of challenge.

This matter could potentially lead to litigation that will have a far-reaching implications for public authorities’ duties in improving home energy efficiency.

In conducting this work compiled extensive advise and convened a roundtable consisting of leading organisations, experts, and counsel in this area of work.

We considered:

  • Challenging local authorities’ failures to comply with their duties to inspect properties and take enforcement action regarding excess cold under the Housing Health and Safety Rating System
  • A direct claim by a tenant against their landlord for failing to ensure that their property is fit for human habitation, as per the Homes (Fitness for Habitation) Act 2018;
  • Challenging local authorities’ failures to enforce the minimum energy efficiency requirements in the private rented sector, under the Energy Efficiency (Private Rented Property) (England) 2015.
  • Challenging the Planning Inspectorate’s rejection of Local Plans on the grounds that they impose more stringent energy efficiency standards than required by the Building Regulations 2010.