How does an assured shorthold tenancy become a secure tenancy? By accident! – Doughty Street Chambers

Posted March 14th, 2025 in assignment, housing, landlord & tenant, local government, news, repossession by Lily

‘In the London Borough of Redbridge v G (Romford County Court, 5 February 2025), a series of unusual events lead to an assured shorthold tenant becoming a secure tenant.’

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Doughty Street Chambers, 10th March 2025

Source: insights.doughtystreet.co.uk

Man whose house was ‘stolen’ gets possession back – BBC News

Posted March 12th, 2025 in identity fraud, news, repossession, sale of land by Lily

‘A reverend whose house was sold without him knowing has had the property returned to him nearly four years on, after a family was ordered to leave.’

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BBC News, 12th March 2025

Source: www.bbc.co.uk

Starter tenancies, extensions, and section 21 claims – An ASB case. – Nearly Legal

Posted March 10th, 2025 in anti-social behaviour, landlord & tenant, news, repossession by tracey

‘Yorkshire Housing Limited v Scott. County Court at Scarborough. 30 October 2024. A section 21 based possession claim for a ‘starter tenancy’ for the reason of anti social behaviour.’

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Nearly Legal, 9th March 2025

Source: nearlylegal.co.uk

The Deregulation Act 2015: A decade on – St John’s Chambers

Posted February 26th, 2025 in appeals, chambers articles, housing, landlord & tenant, news, repossession by sally

‘In this article Brittany Pearce considers some of the difficulties still posed by the Deregulation Act 2015 for defaulting landlords and outlines the issues still outstanding following the Court of Appeal’s decision in Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760.’

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St John's Chambers, 21st January 2025

Source: www.stjohnschambers.co.uk

Judge grants city council possession order over square with homeless camp – Local Government Lawyer

Posted February 19th, 2025 in homelessness, housing, local government, news, repossession by tracey

‘Manchester City Council can proceed with evictions at a tent encampment in St Peter’s Square, a judge has ruled.’

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Local Government Lawyer, 18th February 2025

Source: www.localgovernmentlawyer.co.uk

Legal centre and barrister cleared of negligence after five-year fight – Law Society’s Gazette

‘The High Court has dismissed negligence allegations which had been hanging over a barrister and legal advice centre for more than five years.’

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Law Society's Gazette, 17th February 2025

Source: www.lawgazette.co.uk

Bed blocking, possession orders and discharge planning – Local Government Lawyer

Posted February 14th, 2025 in autism, health, hospitals, local government, mental health, news, repossession by Lily

‘The recent case of Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 spotlights the pressing issue of “bed-blocking” in NHS hospitals. In May 2024, over 12,000 patients in England were in hospital who no longer needed to be there, yet remained in hospital, often due to care planning delays. The Judge in this case, HHJ Tindal, gave legal and practical guidance in the form of a checklist for hospitals seeking possession in relation to patients whose refusal to leave hospital is not thought to be affected by mental health or mental capacity issues.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Key reforms in the Renters’ Rights Bill and their impact on tenants and landlords – Kingsley Napley Real Estate Law Blog

Posted February 12th, 2025 in bills, landlord & tenant, news, rent, repairs, repossession by sally

‘This Bill, which was originally introduced by the previous government as the Renters’ Reform Bill, seeks to level-up the perceived current imbalance between residential landlords and tenants by bestowing on tenants greater rights and security. But critics argue that the proposed reforms go too far in favour of tenants. So, what are the current key reforms affecting private residential tenancies?’

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Kingsley Napley Real Estate Law Blog, 11th February 2025

Source: www.kingsleynapley.co.uk

Intentional homelessness and tenancy obtained by deception – Nearly Legal

Posted February 10th, 2025 in fraud, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Munemo v City of Wolverhampton Council (2025) EWCC 4. This is quite the section 204 homelessness appeal of Wolverhampton’s review decision confirming the decision that Ms M was intentionally homeless.’

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Nearly Legal, 9th February 2025

Source: nearlylegal.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Housing case law update: November 2024 – Local Government Lawyer

‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Section 21 and Gas Safety Certificates – what’s in a name? – Nearly Legal

Posted October 7th, 2024 in housing, landlord & tenant, news, repossession by michael

‘This might be an issue with a limited life span, if the Renters’ Rights Bill comes into force in the first half of next year, as seems possible, but for now the vexed issue of gas safety certificates and the validity of section 21 notices rumbles on. The issue in this case was whether the GSCs served by the landlord were valid under Regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998. There is also an address to the issue of whether a landlord needs to serve a GSC within 12 months of the previous inspection. Usual caveats apply – first instance County Court District Judge decision so not binding or precedent.’

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Nearly Legal, 6th October 2024

Source: nearlylegal.co.uk

Protests, human rights and criminal activity – Law Society’s Gazette

‘When are university and other protests impermissible? When ‘a protest turns into a base camp for criminal activity’, said Ritchie J on 19 June 2024, giving judgment in University of Birmingham v Persons Unknown (1) and Mariyah Ali (2) [2024] EWHC 1529 (KB). And while concerning a university, this is also relevant to local government.’

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Law Society's Gazette, 19th September 2024

Source: www.lawgazette.co.uk

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

A very unfit home – Circuit Judge decision on unfitness and damages. – Nearly Legal

‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’

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Nearly Legal, 15th September 2024

Source: nearlylegal.co.uk

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

Renters’ Rights Bill – the headlines Part 1 – Nearly Legal

Posted September 12th, 2024 in bills, houses in multiple occupation, landlord & tenant, news, rent, repossession by tracey

‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’

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Nearly Legal, 11th September 2024

Source: nearlylegal.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

End of Term? University Protest Encampments and Possession Proceedings – St Philips Barristers

‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’

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St Philips Barristers, 17th July 2024

Source: st-philips.com