‘A judge has confirmed Lewisham Council’s right to possession of a wildlife garden in Deptford as part of a housing project, but said it cannot take place until seven days after a High Court judge holds an oral hearing into whether to grant permission for a judicial review challenge.’
Local Government Lawyer, 1st October 2018
Source: www.localgovernmentlawyer.co.uk
‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’
Nearly Legal, 30th September 2018
Source: nearlylegal.co.uk
‘Britain has apologised for the “shameful” way it evicted islanders from the Chagos archipelago in the Indian Ocean, but insisted Mauritius was wrong to bring a dispute over sovereignty of the strategic atoll group to the United Nations’ top court.’
Daily Telegraph, 3rd September 2018
Source: www.telegraph.co.uk
‘An unregulated eviction service called Remove a Tenant “crossed the line” between assisting claimants and conducting litigation, a judge has ruled.’
Legal Futures, 28th August 2018
Source: www.legalfutures.co.uk
‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’
The Guardian, 18th August 2018
Source: www.theguardian.com
‘What is a section 21 (“s21”) notice?
It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’
Hardwicke Chambers, 16th July 2018
Source: www.hardwicke.co.uk
‘Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was asked to decide whether a tenant in summary possession proceedings could require the court to consider the proportionality of making a possession order, having regards to Article 8 of the European Convention on Human Rights (ECHR): the well-known right to respect for private and family life. In particular, the court was required to decide whether a private landlord’s mandatory right to possession of her property under section 21 of the Housing Act 1998 could be curtailed or defeated entirely by invoking Article 8.’
Falcon Chambers, May 2018
Source: www.falcon-chambers.com
‘An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order.’
Nearly Legal, 5th August 2018
Source: nearlylegal.co.uk
‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’
Zenith PI Blog, 27th July 2018
Source: zenithpi.wordpress.com
‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’
Nearly Legal, 28th June 2018
Source: nearlylegal.co.uk
‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’
Arden Chambers, 18th May 2018
Source: www.ardenchambers.com
‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’
Nearly Legal, 18th May 2018
Source: nearlylegal.co.uk
‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’
Local Government Lawyer, 30th April 2018
Source: www.localgovernmentlawyer.co.uk
‘In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children. Herts claimed mandatory possession on service of a notice to quit (which was not necessary in this case).’
Nearly Legal, 8th March 2018
Source: nearlylegal.co.uk
‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’
The 36 Group, 23rd October 2017
Source: 36group.co.uk
‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.’
Local Government Lawyer, 1st November 2017
Source: localgovernmentlawyer.co.uk
‘The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012. A deposit was paid in the sum of £500 but not protected by the Defendant.’
Nearly Legal, 31st October 2017
Source: nearlylegal.co.uk
‘The High Court has held that CPR 83.13 (permission required to issue a writ of possession) does not require that the occupier be given notice of the actual application for permission. What is required is that they should have sufficient knowledge about the case as a whole.’
Arden Chambers, 15th August 2017
Source: www.ardenchambers.com
‘The High Court has held that it is a question of fact whether accommodation occupied after the acceptance of a full housing duty under s.193(2), Housing Act 1996, but which was initially provided to the applicant under s.188, is a “dwelling” for the purposes of ss.3 and 5, Protection from Eviction Act 1977. In the present case, the appellant occupied the property as a dwelling and the notice to quit served on her was invalid because it did not contain the information prescribed by the Notices to Quit etc. (Prescribed Information) Regulations 1988 (SI 1988/2201).’
Arden Chambers, 10th August 2017
Source: www.ardenchambers.com
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