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

Doing the same thing all over again – Nearly Legal

‘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.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Council wins possession of wildlife garden but eviction must wait for JR hearing – Local Government Lawyer

Posted October 2nd, 2018 in commons, local government, news, repossession by sally

‘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.’

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Local Government Lawyer, 1st October 2018

Source: www.localgovernmentlawyer.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

International Court of Justice begins hearing on Britain’s separation of Chagos islands from Mauritius – Daily Telegraph

Posted September 4th, 2018 in Chagos Islands, international courts, international law, news, repossession by sally

‘Britain has apologised for the “shameful” way it evicted islanders from the Chagos archipelago in the Indian Ocean, but insisted Mauritius was wrong to bring a dispute over sovereignty of the strategic atoll group to the United Nations’ top court.’

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Daily Telegraph, 3rd September 2018

Source: www.telegraph.co.uk

Unregulated eviction service “crossed line” into litigation – Legal Futures

Posted August 29th, 2018 in legal services, news, repossession, solicitors by sally

‘An unregulated eviction service called Remove a Tenant “crossed the line” between assisting claimants and conducting litigation, a judge has ruled.’

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Legal Futures, 28th August 2018

Source: www.legalfutures.co.uk

No-fault evictions making hundreds of families homeless each week – The Guardian

Posted August 21st, 2018 in homelessness, landlord & tenant, news, rent, repossession by sally

‘Hundreds of families are being made homeless every week in “no-fault” evictions by landlords keen to cash in on rising property prices or put the rent up.’

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The Guardian, 18th August 2018

Source: www.theguardian.com

Section 21- Notices and the Possession Procedure – Hardwicke Chambers

Posted August 9th, 2018 in landlord & tenant, news, notification, reasons, repossession by sally

‘What is a section 21 (“s21”) notice?

It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’

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Hardwicke Chambers, 16th July 2018

Source: www.hardwicke.co.uk

Trespassers and Human Rights – Where are we now? – Falcon Chambers

Posted August 9th, 2018 in human rights, news, repossession, trespass by sally

‘Those who act for private sector landlords in residential possession proceedings will be familiar with the decision of the Supreme Court in McDonald v McDonald [2017] AC 273, which was argued successfully by Stephen Jourdan QC and Ciara Fairly of Falcon Chambers. In McDonald, the Supreme Court was asked to decide whether a tenant in summary possession proceedings could require the court to consider the proportionality of making a possession order, having regards to Article 8 of the European Convention on Human Rights (ECHR): the well-known right to respect for private and family life. In particular, the court was required to decide whether a private landlord’s mandatory right to possession of her property under section 21 of the Housing Act 1998 could be curtailed or defeated entirely by invoking Article 8.’

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Falcon Chambers, May 2018

Source: www.falcon-chambers.com

Equality Act and Evictions – Nearly Legal

Posted August 6th, 2018 in disability discrimination, equality, news, repossession, warrants by sally

‘An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Disability Discrimination and Proportionality in Possession Proceedings – Zenith PI Blog

Posted July 30th, 2018 in disability discrimination, news, proportionality, repossession by sally

‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’

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Zenith PI Blog, 27th July 2018

Source: zenithpi.wordpress.com

Whose jurisdiction is it anyway? – Nearly Legal

Posted June 29th, 2018 in jurisdiction, news, repossession, service charges by tracey

‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’

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Nearly Legal, 28th June 2018

Source: nearlylegal.co.uk

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Court of Appeal on illegal eviction – quantum and heads of claim – Nearly Legal

Posted May 22nd, 2018 in appeals, housing, illegality, landlord & tenant, news, repossession by sally

‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’

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Nearly Legal, 18th May 2018

Source: nearlylegal.co.uk

Council defeats Court of Appeal challenge to eviction process – Local Government Lawyer

Posted May 1st, 2018 in appeals, landlord & tenant, local government, news, repossession by tracey

‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’

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Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk