Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by tracey

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

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Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

The appearance of a substantial defence in possession claims, and property guardians and possession – Nearly Legal

Posted December 14th, 2021 in civil procedure rules, estoppel, landlord & tenant, licensing, news, repossession by tracey

‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’

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Nearly Legal, 6th December 2021

Source: nearlylegal.co.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

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gov.uk, 25th November 2021

Source: www.gov.uk

Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer

Posted November 9th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by tracey

‘The “Overall Arrangements for Possession Proceedings” ­– published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

‘A massive injustice’: 10 years on from Dale Farm evictions, pain and trauma remain – The Guardian

Posted October 22nd, 2021 in homelessness, housing, local government, news, repossession, travellers by sally

‘On the day residents of Dale Farm, then one of the largest unauthorised Traveller sites in Europe, were due to be evicted a decade ago, pupils at the nearby primary school were handed special stones they could squeeze as they walked into their morning assembly. The teachers wanted to remind everyone that the school remained a safe and welcoming place.’

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The Guardian, 21st October 2021

Source: www.theguardian.com

Possession – more change in England – Local Government Lawyer

Posted October 4th, 2021 in housing, landlord & tenant, local government, news, repossession by tracey

‘From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.’

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Local Government Lawyer, 4th October 2021

Source: www.localgovernmentlawyer.co.uk

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

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Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Property guardians, possession claims and appearance of a defence for CPR 55.8 – Nearly Legal

Posted August 27th, 2021 in appeals, civil procedure rules, housing, landlord & tenant, news, repossession by tracey

‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’

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Nearly Legal, 25th August 2021

Source: nearlylegal.co.uk

A closed mind and a failed possession claim – Nearly Legal

‘Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021. Tower Hamlets (“TH”) brought a claim for possession against Mr Ali after his mother, a secure tenant, died. His mother was herself a successor and, accordingly, he was not entitled to succeed under section 87 of the Housing Act 1985. He applied to succeed under TH’s discretionary policy for failed successors which stated that TH would grant a new tenancy to an occupant where they had lived with the tenant for 12 months before the tenant’s death, and they occupied the property as their only or principle home.’

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Nearly Legal, 16th August 2021

Source: nearlylegal.co.uk

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

No power to accept late review request – Nearly Legal

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

High Court criticises Magistrates Court for failure to state a case in closure order dispute – Local Government Lawyer

‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’

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Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

London borough secures possession order against groups camping on Clapham Common – Local Government Lawyer

Posted July 14th, 2021 in complaints, local government, London, news, repossession by tracey

‘The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Breathing Space for Wales? Extension of possession notices, restarting of eviction warrants and a new Hardship Grant – Nearly Legal

Posted July 5th, 2021 in coronavirus, news, regulations, repossession, Wales, warrants by tracey

‘We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with possession notices, applying from 30th June 2021, are refreshingly straightforward – certainly compared to the rather more circuitous journey taken by its (admittedly increasingly distant) English cousin.’

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Nearly Legal, 4th July 2021

Source: nearlylegal.co.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by tracey

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

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Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk