repossession – Page 13 – Current Awareness

Pensioner ‘cannot pay’ Lewes hospital eviction bill – BBC News

Posted October 12th, 2016 in costs, elderly, hospitals, news, repossession by tracey

‘A pensioner evicted from the hospital bed she occupied for 14 months has said she cannot pay the £8,000 legal bill she faces. Diane Price, 79, was transferred to a rehabilitation unit at Lewes Victoria Hospital in East Sussex after breaking her leg in a car crash last May. She refused to leave despite doctors telling her she should return home. Sussex Community NHS Foundation Trust won a possession order in the High Court to free up her bed.’

BBC News, 11th October 2016

Source: www.bbc.co.uk

Leeds homelessness protesters fight legal bid to evict tent city – The Guardian

Posted October 3rd, 2016 in demonstrations, homelessness, local government, news, repossession by sally

‘The organisers of a homelessness protest, in which around 50 rough sleepers have pitched tents in Leeds city centre, are due to appear in court to fight a bid to disperse them.’

The Guardian, 3rd October 2016

Source: www.guardian.co.uk

Update ‘archaic’ laws to protect used car buyers, says Law Commission – The Guardian

Posted September 12th, 2016 in consumer credit, Law Commission, legislation, loans, news, repossession by sally

‘Anyone buying a secondhand car privately is in danger of having it repossessed without warning by finance companies under “archaic” Victorian legislation, the Law Commission has warned.’

The Guardian, 12th September 2016

Source: www.guardian.co.uk

Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

Posted August 26th, 2016 in human rights, landlord & tenant, loans, news, proportionality, repossession, Supreme Court by sally

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

Landlords behaving badly – Nearly Legal

Posted August 15th, 2016 in civil justice, compensation, costs, damages, fines, harassment, housing, injunctions, landlord & tenant, news, part 36 offers, repossession, striking out, time limits, trespass by sally

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk

Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph

Posted July 27th, 2016 in appeals, contempt of court, debts, divorce, financial dispute resolution, housing, mental health, news, repossession, sentencing by sally

‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’

Daily Telegraph, 27th July 2016

Source: www.telegraph.co.uk

Tenants win “forward looking test” case at Court of Appeal – Local Government Lawyer

Posted July 15th, 2016 in appeals, drug offences, landlord & tenant, local government, news, repossession by tracey

‘Tenants have won a Court of Appeal case over the use by judges of the “forward looking test” in two cases involving eviction from social housing after cannabis farms were discovered.’

Local Government Lawyer, 13th July 2016

Source: www.localgovernmentlawyer.co.uk

City West Housing Trust v Massey; Manchester and District Housing Association v Roberts – WLR Daily

Posted July 13th, 2016 in appeals, evidence, housing, landlord & tenant, law reports, repossession by sally

City West Housing Trust v Massey; Manchester and District Housing Association v Roberts [2016] EWCA Civ 704

‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

Wrong warrants? Issues in N325 compliance – Nearly Legal

Posted July 13th, 2016 in civil procedure rules, contempt of court, damages, inquiries, landlord & tenant, mortgages, news, rent, repossession, warrants by sally

‘GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments.’

Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

Posted July 13th, 2016 in appeals, housing, human rights, landlord & tenant, litigation friends, local government, news, proportionality, rent, repossession, Supreme Court by sally

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

Conditions of repentance – SPOs – Nearly Legal

Posted July 8th, 2016 in landlord & tenant, news, repossession by sally

‘When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in whole or part? And should an SPO impose conditions which set responsibilities on the landlord?’

Nearly Legal, 7th July 2016

Source: www.nearlylegal.co.uk

The Right to Rent and The Immigration Act 2016 – LAG Housing Law

Posted June 23rd, 2016 in immigration, landlord & tenant, news, notification, race discrimination, repossession by sally

‘In this post Alice Richardson considers the Immigration Act 2016 as it relates to possession proceedings and eviction.’

LAG Housing Law, 21st June 2016

Source: www.laghousinglaw.com

Yes but No – Article 8 and the private sector – Nearly Legal

Posted June 21st, 2016 in appeals, human rights, landlord & tenant, news, proportionality, repossession, Supreme Court by sally

‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’

Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

Stay of execution and change of circumstances – Nearly Legal

Posted June 17th, 2016 in news, repossession, stay of execution, trustees in bankruptcy by tracey

‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’

Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

Posted June 13th, 2016 in appeals, benefits, county courts, damages, deposits, documents, fraud, harassment, housing, landlord & tenant, local government, news, notification, rent, repossession, statutory demands by sally

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

Tis aw a muddle – costs edition – Nearly Legal

Posted May 6th, 2016 in agency, costs, injunctions, joinder, landlord & tenant, news, repossession by tracey

‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’

Nearly Legal, 4th May 2016

Source: www.nearlylegal.co.uk/blog/

Practical advice on forfeiture – Hardwicke Chambers

Posted April 27th, 2016 in civil procedure rules, forfeiture, housing, landlord & tenant, leases, mortgages, news, repossession, service, service charges, time limits by sally

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Deposits, leaflets and company landlords – Nearly Legal

Posted April 19th, 2016 in appeals, deposits, documents, landlord & tenant, news, repossession by sally

‘This was an appeal of a possession order made against Mr Bali at Lambeth County Court. Mr B was the assured shorthold tenant of Manaquel Company Limited. A deposit was taken and protected. Manaquel subsequently purportedly served a section 21 notice and brought possession proceedings. At first instance, the issue was whether Manaquel had complied with the requirements on serving the Prescribed Information.’

Nearly Legal, 18th April 2016

Source: www.nearlylegal.co.uk

High Court enforcement continued – Nearly Legal

Posted February 15th, 2016 in appeals, civil procedure rules, codes of practice, enforcement, housing, landlord & tenant, news, notification, practice directions, repossession, Supreme Court, trespass by sally

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

How to resist or enforce possession orders after 6 years – 36 Bedford Row

Posted February 10th, 2016 in enforcement, news, repossession, time limits by sally

‘It is common theme in social housing that landlords who have obtained a possession order (whether outright or suspended) may exercise restraint and not seek to immediately enforce the order by a warrant for execution. Another common scenario is where a landlord has tried, perhaps repeatedly, to enforce possession but cannot do so because the tenant successfully applies to the Court for the warrant to be stayed.’

36 Bedford Row, 28th January 2016

Source: www.36property.co.uk

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