Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by tracey

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Possession and licensing in Wales – Nearly Legal

Posted August 27th, 2019 in housing, landlord & tenant, licensing, news, repossession, Wales by sally

‘Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019.’

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Nearly Legal, 26th August 2019

Source: nearlylegal.co.uk

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

Court of Appeal allows possession despite landlord’s failure to carry out a PSED assessment – Local Government Lawyer

Posted August 2nd, 2019 in disabled persons, equality, landlord & tenant, news, repossession by tracey

‘A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Court finds for landlord over possession of under-occupied property – Local Government Lawyer

‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

To late to waive – Nearly Legal

Posted July 31st, 2019 in landlord & tenant, news, repossession, time limits by sally

‘Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court of Appeal judgment on an appeal from an appeal to a circuit judge of a first instance possession order. At issue was the effect of an application to dispense with the requirement for a notice seeking possession (via s.83(1)(b) Housing Act 1985) on the statutory time limits.’

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Nearly Legal, 29th July 2019

Source: nearlylegal.co.uk

Ministry consults on implementing decision to end ‘no-fault’ evictions – Local Government Lawyer

‘The Ministry of Housing, Communities and Local Government has launched a consultation on implementing the government’s decision to remove section 21 of the Housing Act 1988 and improving section 8 eviction grounds.’

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Local Government Lawyer, 23rd July 2019

Source: www.localgovernmentlawyer.co.uk

Tenants will be given access to rogue landlord database – The Guardian

‘Campaigners have welcomed government plans to open up its rogue landlord database to prospective tenants, as part of proposals to give greater protection to renters.’

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The Guardian, 21st July 2019

Source: www.theguardian.com

Possession and the PSED (again) – Nearly Legal

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Deposits – Better to give than to receive – Nearly Legal

Posted May 7th, 2019 in appeals, deposits, housing, landlord & tenant, news, repossession by tracey

‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

No-fault evictions to be banned in England – BBC News

Posted April 15th, 2019 in landlord & tenant, news, repossession by michael

‘Private landlords will no longer be able to evict tenants at short notice without good reason under new plans.’

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BBC News, 15th April 2019

Source: www.bbc.co.uk

Bailiffs should be required to wear bodycams, say MPs – The Guardian

Posted April 11th, 2019 in bailiffs, debts, news, repossession by sally

‘Bailiffs should be officially regulated and required to wear body cameras to monitor their behaviour when they seize property to cover unpaid bills and fines, MPs have recommended.’

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The Guardian, 11th April 2019

Source: www.theguardian.com

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

U Can’t Do This* – Nearly Legal

Posted February 18th, 2019 in deposits, landlord & tenant, news, repossession by sally

‘This was a directions hearing in a possession claim, supposedly brought by Ojo & Opaleye. The tenant, Ms M, was defending on the basis of failure to comply with deposit protection regulations.’

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Nearly Legal, 15th February 2019

Source: nearlylegal.co.uk

Are banks guilty of faking signatures on British court papers? – The Guardian

Posted February 18th, 2019 in banking, documents, forgery, news, repossession by sally

‘Have some banks, or their legal representatives, been faking signatures on UK court documents used to repossess people’s homes and to recover other debts?’

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The Guardian, 16th February 2019

Source: www.theguardian.com

Housing association defeats defence against eviction based on ‘cuckooing’ – Local Government Lawyer

‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’

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Local Government Lawyer, 24th January 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

You ain’t the boss of me (yet) – Nearly Legal

‘When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time?’

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Nearly Legal, 31st October 2018

Source: nearlylegal.co.uk

Property Guardians – licence not tenancy in office building – Nearly Legal

Posted October 26th, 2018 in landlord & tenant, leases, news, repossession by tracey

‘Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB). This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a first instance possession judgment that found his occupation was under a licence, not a tenancy.’

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Nearly Legal, 23rd October 2018

Source: nearlylegal.co.uk