“Residents of Dale Farm, the UK’s largest illegal travellers’ site, have lost their High Court battle against eviction – but are now planning an appeal.”
The Independent, 12th October 2011
Source: www.independent.co.uk
“As we await the latest court judgment, Marina Sergides analyses the legal and social aspects of the Dale Farm case.”
Garden Court Chambers Blog, 6th October 2011
Source: www.gclaw.wordpress.com
“Bailiffs have finally been given permission to start clearing the Dale Farm travellers’ site more than a fortnight after the eviction was supposed to start.”
Daily Telegraph, 3rd October 2011
Source: www.telegraph.co.uk
“Judge extends injunction to stop evictions at illegal Travellers’ site, saying council enforcement notices lacked clarity.”
The Guardian, 26th September 2011
Source: www.guardian.co.uk
“Residents of the UK’s biggest illegal travellers’ site tonight won a last-minute injunction temporarily halting moves to evict them from their homes.”
The Independent, 19th September 2011
Source: www.independent.co.uk
“UN warns of ‘grave breach of human rights’ if Travellers are forced to leave their homes as standoff over Essex site intensifies.”
The Guardian, 26th August 2011
Source: www.guardian.co.uk
“A mandatory power of repossession is proposed by the government to make it easier to evict troublesome tenants from social housing.”
The Guardian, 3rd August 2011
Source: www.guardian.co.uk
“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”
WLR Daily, 15th July 2011
Source: www.iclr.co.uk
Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208
“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”
WLR Daily, 23rd June 2011
Source: www.iclr.co.uk
“The London mayor has won his latest bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”
WLR Daily, 25th February 2011
Source: www.lawreports.co.uk
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 [2011] EWCA Civ 8; [2011] WLR (D) 7
“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
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“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
Source: www.lawreports.co.uk
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 [2010] EWCA Civ 750; [2010] WLR (D) 167
“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
Source: www.lawreports.co.uk
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 [2010] UKSC 28; [2010] WLR (D) 156
“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
Source: www.lawreports.co.uk
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 [2010] EWCA Civ 424; [2010] WLR (D) 103
“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
Source: www.lawreports.co.uk
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 published
Full text of Act (PDF)
Source: www.opsi.gov.uk
“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
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“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
“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.”
The Independent, 17th March 2010
Source: www.independent.co.uk
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