repossession – Page 2 – Current Awareness

Decisions, decisions (and not automatic ones) – Ending the main housing duty – Nearly Legal

Posted May 13th, 2024 in homelessness, housing, judicial review, landlord & tenant, local government, news, repossession, statutory duty by tracey

‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’

Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal

Posted May 13th, 2024 in appeals, housing, mortgages, news, repossession, service charges by tracey

‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’

Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk

Service of prescribed documents – deemed or actual? – Nearly Legal

Posted May 7th, 2024 in documents, landlord & tenant, news, repossession, service, statutory interpretation by tracey

‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’

Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

Council possession claim rejected after it dismissed long-term homosexual partner of tenant as friend in succession case – Local Government Lawyer

Posted April 12th, 2024 in cohabitation, costs, homosexuality, housing, local government, news, repossession by sally

‘Islington Council has been ordered to pay costs after the dismissal of possession proceedings it brought against a tenant that the council did not consider was in a homosexual relationship with the former tenant, who had passed away.’

Local Government Lawyer, 11th April 2024

Source: www.localgovernmentlawyer.co.uk

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

Landlords behaving badly corner – racial discrimination and harassment – Nearly Legal

Posted March 4th, 2024 in damages, deposits, equality, harassment, housing, landlord & tenant, news, race discrimination, repossession by tracey

‘Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024). Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A depot of £1,100 was paid. The tenancy became a statutory periodic on 1 June 2018. A further fixed term tenancy began on 1 August 2018, then another statutory periodic on 1 August 2019. A notice seeking possession on grounds 8, 10 and 11 was served in November 2021, and a possession claim was issued in March 2022. Oddly, this was in the name of Mr Hickmet, who was the sole director of Cheerz Express Ltd, with Cheerz being added to the claim at a later stage. Mr Hickmet maintained up to trial that he had a “tenancy by estoppel”. This might be considered an early indicator that things weren’t going to go well for the landlord…’

Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

No-fault evictions: Ministers discuss watering down renter reforms – BBC News

Posted February 28th, 2024 in bills, government departments, housing, landlord & tenant, news, repossession by sally

‘Ministers are consulting backbench Tory MPs on watering down planned protections for renters in England.’

BBC News, 28 February 2024

Source: www.bbc.co.uk

Wrong in principle – Nearly Legal

Posted February 26th, 2024 in disclosure, housing, injunctions, news, notification, pre-action conduct, repossession by tracey

‘Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB). This was a High Court hearing of an ex parte application for an “emergency injunction” to stay an eviction (amongst other things).’

Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

ASB and disqualification from the housing register – Nearly Legal

Posted February 19th, 2024 in disabled persons, equality, housing, judicial review, landlord & tenant, local government, news, repossession by tracey

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

Varying a possession order from discretionary to mandatory ground – Nearly Legal

Posted December 11th, 2023 in appeals, county courts, firearms, housing, landlord & tenant, news, repossession by tracey

‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’

Nearly Legal, 10th December 2023

Source: nearlylegal.co.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Posted November 20th, 2023 in county courts, damages, housing, landlord & tenant, local government, news, repairs, repossession by tracey

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

Property Guardians and HMOs – occupation and use – Nearly Legal

Posted October 30th, 2023 in appeals, houses in multiple occupation, housing, local government, news, repossession by tracey

‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’

Nearly Legal, 29th October 2023

Source: nearlylegal.co.uk

Council prosecution sees landlord sentenced to eight weeks in prison after threat to tenant – Local Government Lawyer

Posted October 25th, 2023 in housing, landlord & tenant, local government, news, notification, repossession by sally

‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’

Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

Government to delay abolition of no-fault evictions until reforms to court system in place – Local Government Lawyer

Posted October 25th, 2023 in bills, delay, government departments, housing, landlord & tenant, news, repossession by sally

‘The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.’

Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

No-fault eviction ban delayed indefinitely by court reforms – BBC News

Posted October 24th, 2023 in bills, courts, delay, landlord & tenant, news, repossession by tracey

‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’

BBC News, 24th October 2023

Source: www.bbc.co.uk

Ban on no-fault evictions in England unlikely this year – The Guardian

Posted October 18th, 2023 in government departments, homelessness, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

The Guardian, 17th October 2023

Source: www.theguardian.com

Charities ‘concerned’ over lack of progress with Renters Reform Bill – BBC News

Posted October 16th, 2023 in bills, charities, housing, landlord & tenant, news, repossession by tracey

‘A group of 30 charities and non-profit organisations have urged the Prime Minister to pass a bill to ban “no-fault” evictions.’

BBC News, 16th October 2023

Source: www.bbc.co.uk

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