Protests, human rights and criminal activity – Law Society’s Gazette

‘When are university and other protests impermissible? When ‘a protest turns into a base camp for criminal activity’, said Ritchie J on 19 June 2024, giving judgment in University of Birmingham v Persons Unknown (1) and Mariyah Ali (2) [2024] EWHC 1529 (KB). And while concerning a university, this is also relevant to local government.’

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Law Society's Gazette, 19th September 2024

Source: www.lawgazette.co.uk

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

A very unfit home – Circuit Judge decision on unfitness and damages. – Nearly Legal

‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’

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Nearly Legal, 15th September 2024

Source: nearlylegal.co.uk

Recent orders for possession in University protest camp claims – implications for academic institutions – Local Government Lawyer

‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’

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Local Government Lawyer, 13th September 2024

Source: www.localgovernmentlawyer.co.uk

Renters’ Rights Bill – the headlines Part 1 – Nearly Legal

Posted September 12th, 2024 in bills, houses in multiple occupation, landlord & tenant, news, rent, repossession by tracey

‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’

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Nearly Legal, 11th September 2024

Source: nearlylegal.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

End of Term? University Protest Encampments and Possession Proceedings – St Philips Barristers

‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’

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St Philips Barristers, 17th July 2024

Source: st-philips.com

Jurisdiction of the FTT on referrals of rent increases. – Nearly Legal

Posted August 20th, 2024 in appeals, housing, jurisdiction, landlord & tenant, news, rent, repossession, tribunals by tracey

‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’

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Nearly Legal, 19th August 2024

Source: nearlylegal.co.uk

Too soon? Prescribed information before a deposit taken – Nearly Legal

Posted August 19th, 2024 in appeals, deposits, housing, landlord & tenant, news, repossession by tracey

‘Siddeeq v Alaian. K00BF465 County Court at Mayor’s and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to arguments over the deposit prescribed information. The key question was whether information given by the landlord could be ‘prescribed information’ in relation to the deposit if it was given to the tenant before the deposit was paid.’

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Nearly Legal, 13th August 2024

Source: nearlylegal.co.uk

Repossession claims in England and Wales at highest in five years – The Guardianship

‘The number of claims made by banks and landlords to repossess homes in England and Wales has reached the highest level in five years as households struggle with higher borrowing costs.’

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The Guardian, 8th August 2024

Source: www.theguardian.com

Disrepair claims in the County Court – Becket Chambers

‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’

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Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

Public disorder and possession – Local Government Lawyer

Posted August 8th, 2024 in anti-social behaviour, housing, news, repossession by tracey

‘Andy Moore reviews the tools available to tackle anti-social behaviour, considering in particular the grounds for possession that can be used to deal with serious public disorder.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Shared ownership, long leases and setting aside an order for possession – Local Government Lawyer

Posted July 10th, 2024 in leases, news, rent, repossession, setting aside by tracey

‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’

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Local Government Lawyer, 9th July 2024

Source: www.localgovernmentlawyer.co.uk

Housing association defeats High Court claim for wrongful eviction – Local Government Lawyer

Posted June 20th, 2024 in evidence, housing, news, repossession by sally

‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’

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Local Government Lawyer, 20th June 2024

Source: www.localgovernmentlawyer.co.uk

Shared Ownership, assured shorthold and long leases. The mess continues. – Nearly Legal

Posted June 4th, 2024 in landlord & tenant, leases, news, repossession by tracey

‘Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). This was a county court appeal of a first instance decision to allow an application to suspend a warrant, and vary a possession order, (Ms East had applied to set aside the possession order), obtained by Sovereign Network against its shared ownership lessee, Ms East.’

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Nearly Legal, 3rd June 2024

Source: nearlylegal.co.uk

No-fault evictions bill now unlikely to pass – BBC News

‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers

Posted May 22nd, 2024 in appeals, chambers articles, housing, local government, news, repossession by sally

‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’

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Park Square Barristers, 2nd April 2024

Source: www.parksquarebarristers.co.uk

Bailiff evictions of renting households at six-year high, says MoJ – The Guardian

‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

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

‘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.’

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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.’

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Nearly Legal, 12th May 2024

Source: nearlylegal.co.uk