Approximate grounds – NearlyLegal
‘When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be?’
NearlyLegal, 18th May 2014
Source: www.nearlylegal.co.uk
Category: repossession
The Anti-Social Behaviour, Crime & Policing Act 2014 – Hardwicke Chambers
‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
Early Compliance – NearlyLegal
‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’
NearlyLegal, 11th April 2014
Source: www.nearlylegal.co.uk
Disrepair – counterclaims after possession order – NearlyLegal
‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’
NearlyLegal, 9th April 2014
Source: www.nearlylegal.co.uk
Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers
‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’
Hardwicke Chambers, 18th March 2014
Source: www.hardwicke.co.uk
Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers
‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Landlords are wrong and tenants right? The two sides of the eviction story – The Guardian
‘Tenant evictions are a thorny subject. On one side tenants say they are often evicted illegally, without reason, and far too often. On the other, landlords complain that ousting troublesome tenants is expensive and time-consuming. We’ve looked at two evictions – one from a landlord’s point of view and the other from the tenant’s, and offered a guide to your rights – whichever side you are on.’
The Guardian, 5th April 2014
Source: www.guardian.co.uk
Anti-fracking protesters’ Convention rights against private landowners – UK Human Rights Blog
‘Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch). The Chancery Court has ruled that Convention rights may be engaged in disputes between private landowners and trespassers, thereby making it incumbent on the court under Section 6 of the Human Rights Act to balance the trespassers’ rights under Article 8 against the landowner’s rights under Article 1 Protocol 1.’
UK Human Rights Blog, 18th March 2014
Source: www.ukhumanrightsblog.com
Article 8 and the Private Sector – NearlyLegal
‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’
NearlyLegal, 16th March 2014
Source: www.nearlylegal.co.uk
Anti-social Behaviour, Crime and Policing Act 2014
Anti-social Behaviour, Crime and Policing Act 2014 published
Source: www.legislation.gov.uk
Anti-fracking campaigners in Salford can stay, court rules – The Guardian
‘Demonstrators facing eviction from an anti-fracking camp have won 11th-hour permission to stay put while they go to the court of appeal. On Monday a judge at Manchester’s high court made an order for possession against the collective occupying land at Barton Moss in Salford, Greater Manchester. The order was to take effect from midday today. But eviction was stayed just before the noon deadline by the appeal court to give the protesters an opportunity to apply for permission to appeal.’
The Guardian, 11th March 2014
Source: www.guardian.co.uk
Getting section 146 notices right: Anders v Haralambous – Hardwicke Chambers
‘Despite the 146 notice having been around, in one form or another, for more than 130 years, it is still causing as much angst as ever. The High Court appeal in Anders v Haralambous [2013] EWHC 2676 (QB), in which John de Waal QC acted for the Respondent, highlights the added complication of the interaction between s146 and the determination of breach pursuant to s168 of the Commonhold and Leasehold Reform Act 2002.’
Hardwicke Chambers, 4th February 2014
Source: www.hardwicke.co.uk
The Permissive Notice – NearlyLegal
‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’
NearlyLegal, 8th December 2013
Source: www.nearlylegal.co.uk
Allocation, Allocation, Allocation – NearlyLegal
‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer
“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”
Local Government Lawyer, 19th November 2013
Source: www.localgovernmentlawyer.co.uk
High Court allows eviction of fracking protestors, but council must find “appropriate” alternative space – OUT-LAW.com
“The High Court has granted a possession order to West Sussex County Council, allowing it to remove anti-fracking protestors from where they have camped alongside a busy main road.”
OUT-LAW.com, 14th November 2013
Source: www.out-law.com
A negative note – New Square Chambers
“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”
Full story (PDF)
New Square Chambers, 31st October 2013
Source: www.newsquarechambers.co.uk
Don’t ignore the Court of Appeal – NearlyLegal
“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”
NearlyLegal, 31st October 2013
Source: www.nearlylegal.co.uk
Legal proceedings begin against travellers occupying NHS car park – Daily Telegraph
“Legal proceedings start against a group of French travellers occupying a hospital car park in Newport, south Wales.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
Strike while the iron’s hot – recent developments in Tenancy Deposits, with more surely on the way – Zenith Chambers
“The facts of this new Court of Appeal decision – on the effect of a change in tenancy status on a landlord’s duty to protect a tenancy deposit – are deceptively simple. Its wider effects on claims to recover possession are yet to be felt.”
Zenith Chambers, 10th October 2013
Source: www.zenithchambers.co.uk
