Anti-social Behaviour, Crime and Policing Act 2014
Anti-social Behaviour, Crime and Policing Act 2014 published
Source: www.legislation.gov.uk
Category: repossession
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
The Importance of Being Earnest – NearlyLegal
“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”
NearlyLegal, 11th October 2013
Source: www.nearlylegal.co.uk
Court of Appeal to rule in terror house seizure case – BBC News
“The Court of Appeal could pave the way later for the first ever seizure of a family home as a terrorist asset.”
BBC News, 30th September 2013
Source: www.bbc.co.uk
High Court adjourns eviction proceedings against fracking protestors due to “flawed” application – OUT-LAW.com
“The High Court has suspended eviction proceedings against anti-fracking protestors at a West Sussex site, saying that the council had not taken their right to freedom of assembly into account.”
OUT-LAW.com, 19th September 2013
Source: www.out-law.com
It wasn’t me – NearlyLegal
“On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court can be taken as a reminder why this is so. There is also a reminder of the limits of Housing Act 1988 section 27(7)(a) mitigation by conduct of the tenant and of a section 27(8)(a) defence.”
NearlyLegal, 26th August 2013
Source: www.nearlylegal.co.uk
The Master across the water – NearlyLegal
“Santander (UK) Plc v McAtamney and other cases [2013] NIMaster 15 is, as the neutral citation should reveal, a case from Northern Ireland, decided by a Chancery Master. It is not, therefore, a binding authority on the law of England and Wales. Nevertheless, it is very interesting and, as we’ll see, highly persuasive.”
NearlyLegal, 27th August 2013
Source: www.nearlylegal.co.uk
Bailiffs called in by councils for 1.8m debts, charity warns – BBC News
“Local councils have called in bailiffs an ‘excessive’ 1.8m times in the last year to collect debts on their behalf, according to the Money Advice Trust.”
BBC News, 22nd August 2013
Source: www.bbc.co.uk
When is Judicial Review Available as a Remedy in Relation to Housing Benefit Issues Where There are Possession Proceedings for Rent Arrears? – Garden Court Chambers Blog
“Desmond Rutledge considers the scenarios in which judicial review is available as a solution to certain housing benefit issues and provides specific examples of housing benefit decisions that are susceptible to judicial review.”
Garden Court Chambers Blog, 13th August 2013
Source: www.gclaw.wordpress.com
Urgent appeals in warrant suspension cases – NearlyLegal
“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”
NearlyLegal, 1st August 2013
Source: www.nearlylegal.org.uk
Tough new laws on aggressive bailiffs – Ministry of Justice
“Tough new laws designed to protect the public from aggressive bailiffs are being implemented by Government.”
Ministry of Justice, 30th July 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
