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

‘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.’

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UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

Landlords behaving badly – Nearly Legal

‘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.’

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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

‘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.’

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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.’

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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

‘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.’

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Nearly Legal, 13th July 2016

Source: www.nearlylegal.co.uk

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

‘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.’

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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?’

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Nearly Legal, 7th July 2016

Source: www.nearlylegal.co.uk

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

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

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LAG Housing Law, 21st June 2016

Source: www.laghousinglaw.com

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

‘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.’

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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.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

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

‘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.’

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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.’

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Nearly Legal, 4th May 2016

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

Practical advice on forfeiture – Hardwicke Chambers

‘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.’

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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.’

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Nearly Legal, 18th April 2016

Source: www.nearlylegal.co.uk

High Court enforcement continued – Nearly Legal

‘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.’

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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.’

Full story

36 Bedford Row, 28th January 2016

Source: www.36property.co.uk

Woman in 30-year feud with daughter over dog called Fluffy wins legal fight to force her out of £1m flat – Daily Telegraph

Posted January 12th, 2016 in families, housing, news, repossession by sally

‘Judge condemns Caroline Hermsen as liar after she wrongly accused mother of getting her arrested over dog as he rules she can kick her out of home.’

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Daily Telegraph, 11th January 2016

Source: www.telegraph.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

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Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

Mortgage possession and disability discrimination – Nearly Legal

Posted January 4th, 2016 in disability discrimination, mortgages, news, repossession by sally

‘This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings.’

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Nearly Legal, 3rd January 2016

Source: www.nearlylegal.co.uk