Category: repossession

Rent increase and creation of a new tenancy – Nearly Legal

Posted October 11th, 2023 in bereavement, families, housing, landlord & tenant, local government, news, rent, repossession by tracey

‘Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell & Shoreditch. 19 April 2023. The late Mr & Mrs Desir had an assured tenancy from Tower Hamlets Community Housing. They both died in March 2020. Their daughter, Ms S Desir, applied to succeed on the basis of having lived there and having been her parents’ carer for the last 10 years. THCH made several demands for further evidence, and served notice to quit on the property and on the Public Trustee. THCH then brought the present possession proceedings, despite not having made a decision on succession.’

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Nearly Legal, 8th October 2023

Source: nearlylegal.co.uk

Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers

Posted October 10th, 2023 in chambers articles, civil procedure rules, landlord & tenant, news, rent, repairs, repossession by sally

‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’

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Park Square Barristers, 14th September 2023

Source: www.parksquarebarristers.co.uk

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

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Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

New free legal advice for people facing eviction or repossession – Ministry of Justice

Posted August 4th, 2023 in housing, landlord & tenant, legal advice, Ministry of Justice, news, repossession by tracey

‘A new government-backed scheme providing free legal advice to help 38,000 people a year at risk of losing their home launches today (1 August).’

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Ministry of Justice, 1st August 2023

Source: www.gov.uk

High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer

Posted August 3rd, 2023 in disabled persons, equality, housing, local government, news, repossession by sally

‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Free legal advice aims to help thousands of people facing eviction each year – The Independent

Posted August 1st, 2023 in bills, homelessness, housing, legal advice, news, repossession, statistics by sally

‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’

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The Independent, 31st July 2023

Source: www.independent.co.uk

Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place – Nearly Legal

Posted July 19th, 2023 in county courts, housing, landlord & tenant, news, repossession by tracey

‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’

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Nearly Legal, 17th July 2023

Source: nearlylegal.co.uk

The Renters’ Reform Bill: changes to grounds for possession – Local Government Lawyer

Posted June 9th, 2023 in bills, housing, landlord & tenant, local government, news, repossession by tracey

‘Helen Tucker examines the changes to the grounds for possession as set out in the Renters Reform Bill published on 17 May 2023.’

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Local Government Lawyer, 9th June 2023

Source: www.localgovernmentlawyer.co.uk

On the naughty step – a ‘rising star’ of Barking – Nearly Legal

Posted June 8th, 2023 in agreements, anti-social behaviour, criminal records, families, landlord & tenant, local government, news, repossession by tracey

‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.

We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’

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Nearly Legal, 6th June 2023

Source: nearlylegal.co.uk

‘Fake bailiffs’ from private security companies carry out illegal evictions – The Guardian

Posted June 6th, 2023 in bailiffs, harassment, landlord & tenant, news, repossession, security companies by sally

‘Vulnerable families are being tricked out of their rented homes by private security guards dressed like court bailiffs, a charity has warned.’

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The Guardian, 4th June 2023

Source: www.theguardian.com

Housing case law update – April 2023 – Local Government Lawyer

Posted May 19th, 2023 in homelessness, housing, local government, London, mental health, news, repossession, statutory duty by tracey

‘Emily Howe, Kelly Lloyd and Laura Waby round up the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 17th May 2023

Source: www.localgovernmentlawyer.co.uk

Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1 – Nearly Legal

Posted May 18th, 2023 in bills, housing, landlord & tenant, news, repossession by sally

‘It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more significant, thing).’

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Nearly Legal, 17th May 2023

Source: nearlylegal.co.uk

Local authority serving notices – requirements – Nearly Legal

Posted April 24th, 2023 in appeals, housing, landlord & tenant, local government, news, notification, repossession by tracey

‘Birmingham City Council v Bravington (2023) EWCA Civ 308. A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case.’

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Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Illegal eviction – attempted or accomplished? – Nearly Legal

Posted April 3rd, 2023 in appeals, housing, landlord & tenant, local government, news, repossession by sally

‘Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place).’

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Nearly Legal, 2nd April 2023

Source: nearlylegal.co.uk

Landlords to get power to evict antisocial tenants with two weeks’ notice – The Guardian

Posted March 28th, 2023 in landlord & tenant, news, notification, repossession by sally

‘Landlords are to be given new powers to evict problematic tenants with two weeks’ notice under government proposals to address antisocial behaviour.’

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The Guardian, 27th March 2023

Source: www.theguardian.com

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted March 8th, 2023 in bills, government departments, housing, landlord & tenant, news, parliament, rent, repairs, repossession by sally

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish ‘no-fault’ section 21 evictions in the private rented sector. This paper covers developments to date.’

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House of Commons Library, 7th March 2023

Source: commonslibrary.parliament.uk

Unravelling a mental health moratorium – Nearly Legal

Posted February 2nd, 2023 in debts, enforcement, mental health, mortgages, news, repossession by sally

Mr Kaye applied “to cancel the Current Moratorium pursuant to Regulation 19 on the grounds that (1) Mr Kaye’s interests as a judgment creditor are unfairly prejudiced by the moratorium and (2) there has been a material irregularity in that Ms Lees did not meet the relevant eligibility criteria when the application for the Current Moratorium was made (Reg 17(2)) and that the application was not made bona fide.” He also sought an injunction to restrain Ms Lees from entering a further moratorium for a period of 60 days.

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Nearly Legal, 1st February 2023

Source: nearlylegal.co.uk

Tenants face homelessness as no-fault eviction threat up 76% – Local Government Lawyer

Posted November 29th, 2022 in homelessness, landlord & tenant, news, repossession by sally

‘There has been a 76% jump in the number of no-fault eviction notices issued by landlords, putting tenants at a higher risk of becoming homeless, government data has revealed.’

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Local Government Lawyer, 28th November 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted October 25th, 2022 in bills, consultations, housing, landlord & tenant, news, repossession by sally

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers developments to date.’

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House of Commons Library, 24th October 2022

Source: commonslibrary.parliament.uk

No cause of action at common law for wrongful eviction – Nearly Legal

Posted October 17th, 2022 in company law, housing, insolvency, landlord & tenant, liquidators, news, repossession by sally

“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”

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Nearly Legal, 16th October 2022

Source: nearlylegal.co.uk