Category: repossession

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) – WLR daily

Posted November 5th, 2010 in housing, judicial review, law reports, repossession by sally

“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th November 2010

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Metropolitan Housing Trust v Hadjazi – WLR Daily

Posted July 5th, 2010 in appeals, domestic violence, housing, law reports, repossession by sally

“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”

WLR Daily, 2nd July 2010

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Austin v Southwark London Borough Council – WLR Daily

Posted June 25th, 2010 in housing, landlord & tenant, law reports, local government, repossession, Supreme Court by sally

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 2010

Link Lending Ltd v Hussain and another [2010] EWCA Civ 424; [2010] WLR (D) 103

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Link Lending Ltd v Hussain and another – WLR Daily

Posted April 27th, 2010 in appeals, land registration, law reports, loans, mental health, repossession by sally

“A person, who had been taken into psychiatric care under s3 of the Mental Health Act 1983 and had been involuntarily placed elsewhere, was still in actual occupation of her own home under the land registration legislation. Where therefore the owner, lacking legal capacity, had transferred the property to a swindler for no consideration and the swindler had secured a loan on the property from a lender which he had failed to repay, the lender as the registered chargee was not entitled to dispossess her on the ground that she was not in actual occupation of her home.”

WLR Daily, 26th April 2010

Salford City Council v Mullen: Hounslow London Borough Council v Hall; Leeds City Council v Hall; Birmingham City Council v Frisby; Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 336; [2010] WLR (D) 91

Please note once a case has been fully reported on one of the ICLR series the corresponding WLR Daily summary is removed.

Mortgage Repossessions (Protection of Tenants etc) Act 2010

Posted April 9th, 2010 in legislation, mortgages, repossession by sally

Mortgage Repossessions (Protection of Tenants etc) Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Salford City Council v Mullen; Hounslow London Borough Council v Hall; Leeds City Council v Hall: Birmingham City Council v Frisby: Manchester City Council v Mushin (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted April 8th, 2010 in appeals, county courts, housing, law reports, local government, repossession by sally

“Guidance for county courts hearing applications for possession orders by local authority landlords of non-secure tenancies where the occupier, being an introductory tenant or a homeless person housed by the local authority, sought to challenge the local authority’s decision to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable.”

WLR Daily, 7th April 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Wife wins mortgage appeal after husband’s affair – The Independent

Posted March 25th, 2010 in appeals, matrimonial home, mortgages, news, repossession, undue influence by sally

“A wife who signed a joint remortgage with her husband while he was having an affair will no longer have to meet her repayments, the Court of Appeal ruled today.”

The Independent, 24th March 2010

Source: www.independent.co.uk

Woman ordered to quit 92-year-old mother’s home – The Independent

Posted March 17th, 2010 in housing, news, repossession by sally

“A court today ordered a 60-year-old woman to leave the home of the 92-year-old mother she has not spoken to for eight years.”

Regina (Coombes) v Waltham Forest London Borough Council and another [2010] WLR (D) 70

The Independent, 17th March 2010

Source: www.independent.co.uk

Regina (Coombes) v Waltham Forest London Borough Council and another – WLR Daily

Posted March 11th, 2010 in declarations of incompatibility, housing, law reports, local government, repossession by sally

“S 3 of the Eviction Act 1977 was not incompatible with arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 10th March 2010

Birmingham City Council v Qasim and others [2009] EWCA Civ 1080; [2009] WLR (D) 301

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Birmingham City Council v Qasim and others – WRL Daily

Posted October 22nd, 2009 in housing, law reports, repossession by sally

“The allocation of a secure tenancy and the grant of such a tenancy by a local housing authority were separate concepts, so that where the authority granted a tenancy to a tenant to whom accommodation had been allocated inconsistently with the authority’s allocation scheme, pursuant to Pt VI of the Housing Act 1996, the tenancy was not thereby rendered void or ineffective.”

WLR Daily, 19th October 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MI5 whistleblower David Shayler ordered to leave farmhouse squat – The Guardian

Posted August 13th, 2009 in news, repossession by sally

“MI5 whistleblower David Shayler was today ordered to leave the National Trust property in which he is squatting.”

The Guardian, 12th August 2009

Source: www.guardian.co.uk

Tenants to gain safeguards from landlords – The Times

Posted August 5th, 2009 in landlord & tenant, news, repossession by sally

“Tenants in properties let by financially unstable landlords could be given greater protection if their homes are repossessed under proposals published today.”

The Times, 5th August 2009

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening [2009] EWCA Civ 852; [2009] WLR (D) 280

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 5th, 2009 in housing, judicial review, law reports, repossession by sally

“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”

WLR Daily, 3rd August 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lee v Whitehouse – Times Law Reports

Posted July 13th, 2009 in law reports, repossession by sally

Lee v Whitehouse

Court of Appeal

“A judge who was asked to make a possession order under section 98(1)(a) of the Rent Act 1977 on the ground that there was suitable alternative accommodation available had to decide whether or not it was reasonable to make an order by evaluating the effect on both parties if an order was made and if it was not.”

The Times, 13th July 2009

OFT investigates sale-and-rent-back firms – The Guardian

Posted January 30th, 2009 in advertising, consumer protection, news, repossession by sally

“The Office of Fair Trading (OFT) is investigating 16 sale-and-rent-back firms amid concerns their advertisements could be misleading homeowners desperate to avoid being repossessed.”

Wandsworth London Borough Council v Webb

The Guardian, 30th January 2009

Source: www.guardian.co.uk

Wandsworth London Borough Council v Webb – Times Law Reports

Posted January 5th, 2009 in ASBOs, law reports, repossession by sally

Court of Appeal

“It was not reasonable to make a possession order against a secure tenant on the ground that her son, who no longer lived with her, had been prosecuted and acquitted on three occasions of breaching an antisocal behaviour order. ”

The Times, 5th January 2009

Knowsley Housing Trust v White; Shepherds Bush Housing Association v Porter; Islington London Borough Council v Honeygan-Green

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Knowsley Housing Trust v White; Shepherds Bush Housing Association v Porter; Islington London Borough Council v Honeygan-Green – Times Law Reports

Posted December 15th, 2008 in law reports, repossession by sally

House of Lords

“An assured tenancy subject to a possession order ended only when possession was delivered up.”

The Times, 15th December 2008

Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green: [2008] UKHL 70

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green – WLR Daily

Posted December 12th, 2008 in law reports, repossession by sally

“On a proper construction of Part I of the Housing Act 1988 an assured tenancy subject to a possession order ended only when the order was executed.”

WLR Daily, 11th December 2008