‘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.’
Nearly Legal, 18th August 2019
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 1st August 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 1st August 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 29th July 2019
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 23rd July 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 21st July 2019
Source: www.theguardian.com
‘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”.’
Nearly Legal, 28th May 2019
Source: nearlylegal.co.uk
‘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.’
Local Government Lawyer, 16th May 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 6th May 2019
Source: nearlylegal.co.uk
‘Private landlords will no longer be able to evict tenants at short notice without good reason under new plans.’
BBC News, 15th April 2019
Source: www.bbc.co.uk
‘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.’
The Guardian, 11th April 2019
Source: www.theguardian.com
‘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.’
Nearly Legal, 24th March 2019
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
‘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?’
The Guardian, 16th February 2019
Source: www.theguardian.com
‘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.’
Local Government Lawyer, 24th January 2019
Source: www.localgovernmentlawyer.co.uk
‘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).’
UKSC Blog, 5th December 2018
Source: ukscblog.com
‘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?’
Nearly Legal, 31st October 2018
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 23rd October 2018
Source: nearlylegal.co.uk
‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’
Nearly Legal, 7th October 2018
Source: nearlylegal.co.uk
‘A judge has confirmed Lewisham Council’s right to possession of a wildlife garden in Deptford as part of a housing project, but said it cannot take place until seven days after a High Court judge holds an oral hearing into whether to grant permission for a judicial review challenge.’
Local Government Lawyer, 1st October 2018
Source: www.localgovernmentlawyer.co.uk
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