Revenge eviction law ‘not working’ – BBC News
‘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
Category: repossession
Private sector updates – Nearly Legal
‘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/
Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers
‘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
A non-binary outcome – Nearly Legal
‘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
Pensioner ‘cannot pay’ Lewes hospital eviction bill – BBC News
‘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
Leeds homelessness protesters fight legal bid to evict tent city – The Guardian
‘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
Update ‘archaic’ laws to protect used car buyers, says Law Commission – The Guardian
‘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
Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog
‘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
Landlords behaving badly – Nearly Legal
‘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
Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph
‘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 win “forward looking test” case at Court of Appeal – Local Government Lawyer
‘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
City West Housing Trust v Massey; Manchester and District Housing Association v Roberts – WLR Daily
‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’
WLR Daily, 7th July 2016
Source: www.iclr.co.uk
Wrong warrants? Issues in N325 compliance – Nearly Legal
‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’
Nearly Legal, 13th July 2016
Source: www.nearlylegal.co.uk
McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers
‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’
Henderson Chambers, June 2016
Source: www.hendersonchambers.co.uk
Conditions of repentance – SPOs – Nearly Legal
‘When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in whole or part? And should an SPO impose conditions which set responsibilities on the landlord?’
Nearly Legal, 7th July 2016
Source: www.nearlylegal.co.uk
The Right to Rent and The Immigration Act 2016 – LAG Housing Law
‘In this post Alice Richardson considers the Immigration Act 2016 as it relates to possession proceedings and eviction.’
LAG Housing Law, 21st June 2016
Source: www.laghousinglaw.com
Yes but No – Article 8 and the private sector – Nearly Legal
‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’
Nearly Legal, 19th June 2016
Source: www.nearlylegal.co.uk
Stay of execution and change of circumstances – Nearly Legal
‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal
‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
Tis aw a muddle – costs edition – Nearly Legal
‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’
Nearly Legal, 4th May 2016
Source: www.nearlylegal.co.uk/blog/
