‘After the Teather ‘revenge eviction’ member’s bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election.’
NearlyLegal, 5th February 2015
Source: www.nearlylegal.co.uk
‘In Part 1 of the Government response to the consultation ‘Court fees: proposals for reform’, we set out our decision to consider alternatives to the proposed fee increase for divorce.’
Ministry of Justice, 16th January 2015
Source: https://consult.justice.gov.uk
‘Currently landlords obligated to repair fundamental fault in property – but can evict tenants if they pursue rights to repair.’
The Guardian, 13th January 2015
Source: www.guardian.co.uk
‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’
NearlyLegal, 10th January 2015
Source: www.nearlylegal.co.uk
Ng and another v Charalambous and another [2014] EWCA Civ 1604; [2014] WLR (D) 540
‘Section 213 of the Housing Act 2004, as amended, which provided that any tenancy deposit paid to a person in connection with a shorthold tenancy in existence on 6 April 2012 had to be dealt with in accordance with an authorised scheme, was concerned not with the date at which the deposit was received but with the date on which the tenancy was in effect. Where such a deposit was not held in an authorised scheme, having been received before the relevant date, the sanctions for non-compliance in section 215(1) nevertheless applied so as to preclude the landlord from serving on the tenant a valid notice stating that possession was required under section 21 of the Housing Act 1988.’
WLR Daily, 16th December 2014
Source: www.iclr.co.uk
‘Having your home repossessed by your mortgagee is not, one imagines, a happy experience, and not one which would incline you to act charitably towards your bank. Few are the defaulting borrowers who treat their houses to a spring clean on their final day before the order for possession is executed, apologising to the bailiffs that they don’t seem able to put their hands on any tea bags. Or indeed the kettle. It’s all been packed, you see. A commoner experience is to find that at least some belongings have been left behind. A bin bag here, a wonky shelving unit there. There’s nothing like losing your home to make you reassess the stuff which surrounds you, and decide whether now might be a good time to de-clutter your life. And why go to the expense of hiring a skip when you can leave your mortgagee with the cost of doing it for you?’
Hardwicke Chambers, 11th December 2014
Source: www.hardwicke.co.uk
‘So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this case – by s.28(1).’
NearlyLegal, 4th December 2014
Source: www.nearlylegal.co.uk
‘A secure tenant who was unlawfully evicted from his accommodation has won his Supreme Court battle with a London council over the level of damages payable.’
Local Government Lawyer, 3rd December 2014
Source: www.localgovernmentlawyer.co.uk
‘Legal help for thousands of families facing eviction from their home is being slashed by the Government despite soaring numbers of repossessions, an investigation for The Independent has found.’
The Independent, 26th November 2014
Source: www.independent.co.uk
Supreme Court, 12th November 2014
‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’
Zenith PI Blog, 10th November 2014
Source: www.zenithpi.wordpress.com
Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469
‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’
WLR Daily, 5th November 2014
Source: www.iclr.co.uk
‘Shelter, the housing charity, is calling for a ban on “revenge evictions”, which it says are being carried out by bad landlords on tenants who dare to complain about inadequate conditions or ask for repairs to be made.’
Full story
The Guardian, 25th October 2014
Source: www.guardian.co.uk
‘A firm that purchased properties in the north east of England on the condition that the previous owners would be entitled to remain in their homes indefinitely was not in a position to make such a promise, the UK’s highest court has ruled.’
OUT-LAW.com, 23rd October 2014
Source: www.out-law.com
‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’
NearlyLegal, 22nd October 2014
Source: www.nearlylegal.co.uk
‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’
OUT-LAW.com, 20th October 2014
Source: www.out-law.com
‘Housing officers conspired to unlawfully evict a Sudanese refugee from his council flat and destroy his possessions, including memory sticks holding thousands of hours of work, before then covering up their wrongdoing, a judge has ruled.’
The Independent, 16th October 2014
Source: www.independent.co.uk
‘There have been a number of attempts by those facing repossession and worse at the hands of mortgage lenders to dispute the validity of the claims against them on the basis of a failure to comply with the necessary legal formalities. Mortgage lenders typically send a mortgage offer letter that they invite their borrower to sign. Often the mortgage lender does not formally sign the offer letter. At the time of an advance there is usually a mortgage deed which is often signed by the borrower not the lender.’
Hardwicke Chambers, 10th September 2014
Source: www.hardwicke.co.uk
‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’
NearlyLegal, 11th September 2014
Source: www.nearlylegal.co.uk/blog/
‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’
NearlyLegal, 31st August 2014
Source: www.nearlylegal.co.uk
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