‘Ms Afsana Begum and Mr Mohammed Rohim were the joint assured tenants of Poplar Housing from October 2014. The property was a two bed flat. The rent was paid in full by housing benefit. In August 2015, Poplar received a tip off that the property was being sub let. On investigation, Ms B had financial links to another flat nearby, her mother’s.’
Nearly Legal, 13th August 2017
Source: nearlylegal.co.uk
‘When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied ‘as a dwelling’ fo the purposes of Section 3 Protection from Eviction Act 1977?’
Nearly Legal, 13th August 2017
Source: nearlylegal.co.uk
‘A housing association has successfully appealed a Recorder’s decision to grant only a suspended order of possession, with the High Court judge concluding that the original ruling was “fatally and demonstrably flawed”.’
Local Government Lawyer, 8th August 2017
Source: www.localgovernmentlawyer.co.uk
‘The High Court has held that the exclusion from security of tenure for service occupiers is not unlawful discrimination contrary to Art.14, European Convention on Human Rights.’
Arden Chambers, 21st June 2017
Source: www.ardenchambers.com
‘The claimant, Hertfordshire County Council, were the owners of a bungalow occupied by the defendant, Mr Davies, and his family. The accommodation was tied to a local school, and Mr Davies had lived there since 2003 in his role as caretaker for the school.’
Garden Court Chambers, 5th July 2017
Source: www.gardencourtchambers.co.uk
‘The Law Commission welcomes plans outlined in today’s Queen Speech to close a legal loophole which means buyers of second-hand vehicles are at risk of having them repossessed due to unfair logbook loans.’
Law Commission, 21st June 2017
Source: www.lawcom.gov.uk
‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’
Arden Chambers, 22nd March 2017
Source: www.ardenchambers.com
‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’
Local Government Lawyer, 29th March 2017
Source: www.localgovernment.co.uk
‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’
Hardwicke Chambers, 18th January 2017
Source: www.hardwicke.co.uk
‘A new law designed to help protect people renting homes from rogue landlords isn’t working, say MPs and housing lawyers.’
BBC News, 9th February 2017
Source: www.bbc.co.uk
‘Section 8 notice prescribed form. The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new ‘form 3’ – the prescribed form of Section 8 Notice Seeking Possession. This must be used for s.8 notices served on or after 1 December 2016.’
Nearly Legal, 23rd November 2016
Source: www.nearlylegal.co.uk/blog/
‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’
Hardwicke Chambers, 26th November 2016
Source: www.hardwicke.co.uk
‘This is a cautionary tale for DJs and DDJs hearing Equality Act defences. In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Bailii yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence was raised (alongside an Article 8 defence). Mr Stephenson had been responsible for noise nuisance from his (uncarpeted) flat. He suffers from paranoid schizophrenia, the symptoms of which are alleviated but not completely cured by medication.’
Nearly Legal, 1st November 2016
Source: www.nearlylegal.co.uk
‘A pensioner evicted from the hospital bed she occupied for 14 months has said she cannot pay the £8,000 legal bill she faces. Diane Price, 79, was transferred to a rehabilitation unit at Lewes Victoria Hospital in East Sussex after breaking her leg in a car crash last May. She refused to leave despite doctors telling her she should return home. Sussex Community NHS Foundation Trust won a possession order in the High Court to free up her bed.’
BBC News, 11th October 2016
Source: www.bbc.co.uk
‘The organisers of a homelessness protest, in which around 50 rough sleepers have pitched tents in Leeds city centre, are due to appear in court to fight a bid to disperse them.’
The Guardian, 3rd October 2016
Source: www.guardian.co.uk
‘Anyone buying a secondhand car privately is in danger of having it repossessed without warning by finance companies under “archaic” Victorian legislation, the Law Commission has warned.’
The Guardian, 12th September 2016
Source: www.guardian.co.uk
‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’
UK Human Rights Blog, 25th August 2016
Source: www.ukhumanrightsblog.com
‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’
Nearly Legal, 13th August 2016
Source: www.nearlylegal.co.uk
‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’
Daily Telegraph, 27th July 2016
Source: www.telegraph.co.uk
‘Tenants have won a Court of Appeal case over the use by judges of the “forward looking test” in two cases involving eviction from social housing after cannabis farms were discovered.’
Local Government Lawyer, 13th July 2016
Source: www.localgovernmentlawyer.co.uk
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