Category: repossession

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

Defendants sentenced following “largest ever prosecution under Protection from Eviction Act 1977” – Local Government Lawyer

Posted October 13th, 2022 in compensation, criminal behaviour orders, harassment, local government, news, repossession, sentencing by tracey

‘In a case prosecuted by Thanet District Council, Judge Rupert Lowe, sitting at Canterbury Crown Court, passed sentence on Monday (10 October) on four defendants involved in managing rented flats in Margate.’

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Local Government Lawyer, 13th October 2022

Source: www.localgovernmentlawyer.co.uk

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

Posted September 23rd, 2022 in care homes, families, housing, human rights, landlord & tenant, local government, mental health, news, repossession by sally

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Surge in ‘no-fault evictions’ prompts calls to renew UK-wide ban – The Guardian

Posted September 23rd, 2022 in coronavirus, government departments, homelessness, housing, landlord & tenant, news, rent, repossession by sally

‘The number of renting households made homeless because of “no-fault” evictions has surged higher than pre-pandemic levels, sparking fresh calls for the government to ban the practice.’

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The Guardian, 22nd September 2022

Source: www.theguardian.com

Residential care, succession and human rights incompatibility – Nearly Legal

Posted September 20th, 2022 in care homes, housing, human rights, landlord & tenant, news, proportionality, repossession, succession by tracey

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Will Plans To End ‘No Fault’ Evictions Make A Difference? – Each Other

Posted August 23rd, 2022 in housing, landlord & tenant, news, repossession by sally

‘New measures outlined by the government will ban private landlords from issuing “no fault” evictions. The latest government statistics show that the number of tenants evicted by their landlords has more than tripled since this time last year. The homeless charity, Crisis has said “no fault” evictions where landlords do not have to establish a fault on the part of the person renting their property, have risen by 52% in the last three months.’

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Each Other, 22nd August 2022

Source: eachother.org.uk

Bullale again – settled accommodation and intentional homelessness – Nearly Legal

Posted August 22nd, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, repossession by tracey

‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’

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Nearly Legal, 21st August 2022

Source: nearlylegal.co.uk

Government to make it easier for landlords to evict people who fall behind on rent – The Independent

Posted August 22nd, 2022 in bills, government departments, housing, landlord & tenant, news, rent, repossession by tracey

‘Housing campaigners have sounded the alarm over government plans to make it easier for landlords to evict tenants who fall behind on their rent. The government wants to change the law so that evictions can take place if someone repeatedly falls into arrears – even if they catch up on payments.’

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The Independent, 20th August 2022

Source: www.independent.co.uk

Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by tracey

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

Posted July 8th, 2022 in appeals, homelessness, housing, landlord & tenant, local government, news, rent, repossession by sally

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by tracey

‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’

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House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

Posted June 27th, 2022 in costs, damages, housing, landlord & tenant, legal aid, Ministry of Justice, news, repairs, repossession, solicitors by tracey

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

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The Guardian, 26th June 2022

Source: www.theguardian.com

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

Posted June 20th, 2022 in appeals, covenants, damages, housing, injunctions, landlord & tenant, news, repossession by tracey

‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Millions invested to help people facing eviction or repossession – Ministry of Justice

Posted June 6th, 2022 in housing, landlord & tenant, legal aid, Ministry of Justice, news, repossession by tracey

‘More people will get access to free expert legal advice to give them the best chance of keeping their home when they fall into difficult financial times, backed by over £10 million of extra funding injected into housing legal aid every year.’

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Ministry of Justice, 31st May 2022

Source: www.gov.uk

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’

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Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

And no extensions – Nearly Legal

Posted May 20th, 2022 in appeals, housing, judicial review, landlord & tenant, local government, news, repossession by sally

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

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Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

No-fault evictions: 200,000 renters in England served notices in three years – The Guardian

Posted April 27th, 2022 in housing, landlord & tenant, news, repossession, statistics by sally

‘More than 200,000 private renters in England have been served eviction notices without doing anything wrong in the three years since the government first promised to ban the practice, housing campaigners have claimed.’

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The Guardian, 26th April 2022

Source: www.theguardian.com