ASB and disqualification from the housing register – Nearly Legal

‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’

Full Story

Nearly Legal, 18th February 2024

Source: nearlylegal.co.uk

Tenants win High Court appeal against housing association over possession order – Local Government Lawyer

Posted February 8th, 2024 in anti-social behaviour, housing, news, repossession by sally

‘Two tenants have resisted an attempt to evict them for anti-social behaviour, with the High Court referring the matter back to the County Court.’

Full Story

Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Varying a possession order from discretionary to mandatory ground – Nearly Legal

Posted December 11th, 2023 in appeals, county courts, firearms, housing, landlord & tenant, news, repossession by tracey

‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’

Full Story

Nearly Legal, 10th December 2023

Source: nearlylegal.co.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

Full Story

Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

Full Story

Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

Full Story

OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

Property Guardians and HMOs – occupation and use – Nearly Legal

‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’

Full Story

Nearly Legal, 29th October 2023

Source: nearlylegal.co.uk

Council prosecution sees landlord sentenced to eight weeks in prison after threat to tenant – Local Government Lawyer

Posted October 25th, 2023 in housing, landlord & tenant, local government, news, notification, repossession by sally

‘Bristol City Council has successfully prosecuted a landlord who confronted a tenant and handed her an illegal eviction notice.’

Full Story

Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

Government to delay abolition of no-fault evictions until reforms to court system in place – Local Government Lawyer

Posted October 25th, 2023 in bills, delay, government departments, housing, landlord & tenant, news, repossession by sally

‘The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.’

Full Story

Local Government Lawyer, 25th October 2023

Source: www.localgovernmentlawyer.co.uk

No-fault eviction ban delayed indefinitely by court reforms – BBC News

Posted October 24th, 2023 in bills, courts, delay, landlord & tenant, news, repossession by tracey

‘A ban on “no-fault” evictions in England will be indefinitely delayed until after the court system is reformed, the government has announced.’

Full Story

BBC News, 24th October 2023

Source: www.bbc.co.uk

Ban on no-fault evictions in England unlikely this year – The Guardian

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

Full Story

The Guardian, 17th October 2023

Source: www.theguardian.com

Charities ‘concerned’ over lack of progress with Renters Reform Bill – BBC News

Posted October 16th, 2023 in bills, charities, housing, landlord & tenant, news, repossession by tracey

‘A group of 30 charities and non-profit organisations have urged the Prime Minister to pass a bill to ban “no-fault” evictions.’

Full Story

BBC News, 16th October 2023

Source: www.bbc.co.uk

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.’

Full Story

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

‘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.’

Full Story

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.” ‘

Full Story

Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

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

‘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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Local Government Lawyer, 9th June 2023

Source: www.localgovernmentlawyer.co.uk