Expectations are not existing facts – Nearly Legal

‘Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015. This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N was intentionally homeless.’

Full story

Nearly Legal, 5th March 2015

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

Proposed changes to S.21 – NearlyLegal

Posted February 9th, 2015 in bills, housing, landlord & tenant, news, notification, rent, repossession by sally

‘As well as the clauses introducing the retaliatory eviction proposals, the Government’s proposed amendments to the Deregulation Bill would make some other changes to s.21. The effects would be:

No s.21 notice can be served within the first 4 months of the shorthold tenancy, thus ending the all too widespread practice of serving a s.21 at the time the tenancy agreement is signed (though I’d still say that was probably caught by the deposit rules). The proposals also make clear that possession proceedings cannot be begun before 6 months from the start of the tenancy (that disposes of an idea some bright spark landlords had, that it was OK to start proceedings before 6 months so long as the possession order was made after the 6 month date).’

Full story

NearlyLegal, 8th February 2015

Source: www.nearlylegal.co.uk

The revenge of retaliatory eviction law – NearlyLegal

Posted February 6th, 2015 in bills, landlord & tenant, news, repossession by sally

‘After the Teather ‘revenge eviction’ member’s bill was talked out by a couple of Tory MPs, (Chope and Davis), the question was would the proposals survive in another form before the election.’

Full story

NearlyLegal, 5th February 2015

Source: www.nearlylegal.co.uk

Proposals for further reforms to court fees – Ministry of Justice

Posted January 20th, 2015 in civil justice, consultations, courts, fees, news, repossession by sally

‘In Part 1 of the Government response to the consultation ‘Court fees: proposals for reform’, we set out our decision to consider alternatives to the proposed fee increase for divorce.’

Full story

Ministry of Justice, 16th January 2015

Source: https://consult.justice.gov.uk

Private renters’ rights are stuck in the dark ages, Citizens Advice warns – The Guardian

‘Currently landlords obligated to repair fundamental fault in property – but can evict tenants if they pursue rights to repair.’

Full story

The Guardian, 13th January 2015

Source: www.guardian.co.uk

Asking for relief – NearlyLegal

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

Full story

NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

Ng and another v Charalambous and another – WLR Daily

Posted December 19th, 2014 in deposits, housing, landlord & tenant, law reports, repossession by sally

Ng and another v Charalambous and another [2014] EWCA Civ 1604; [2014] WLR (D) 540

‘Section 213 of the Housing Act 2004, as amended, which provided that any tenancy deposit paid to a person in connection with a shorthold tenancy in existence on 6 April 2012 had to be dealt with in accordance with an authorised scheme, was concerned not with the date at which the deposit was received but with the date on which the tenancy was in effect. Where such a deposit was not held in an authorised scheme, having been received before the relevant date, the sanctions for non-compliance in section 215(1) nevertheless applied so as to preclude the landlord from serving on the tenant a valid notice stating that possession was required under section 21 of the Housing Act 1988.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

Sponging the blot on the law – Hardwicke Chambers

Posted December 11th, 2014 in bailment, mortgages, news, repossession, warrants by sally

‘Having your home repossessed by your mortgagee is not, one imagines, a happy experience, and not one which would incline you to act charitably towards your bank. Few are the defaulting borrowers who treat their houses to a spring clean on their final day before the order for possession is executed, apologising to the bailiffs that they don’t seem able to put their hands on any tea bags. Or indeed the kettle. It’s all been packed, you see. A commoner experience is to find that at least some belongings have been left behind. A bin bag here, a wonky shelving unit there. There’s nothing like losing your home to make you reassess the stuff which surrounds you, and decide whether now might be a good time to de-clutter your life. And why go to the expense of hiring a skip when you can leave your mortgagee with the cost of doing it for you?’

Full story

Hardwicke Chambers, 11th December 2014

Source: www.hardwicke.co.uk

How much?! Damages for unlawfully evicted secure tenants – NearlyLegal

Posted December 5th, 2014 in damages, housing, local government, news, repossession by sally

‘So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this case – by s.28(1).’

Full story

NearlyLegal, 4th December 2014

Source: www.nearlylegal.co.uk

Tenant wins Supreme Court fight with council over damages for unlawful eviction – Local Government Lawyer

‘A secure tenant who was unlawfully evicted from his accommodation has won his Supreme Court battle with a London council over the level of damages payable.’

Full story

Local Government Lawyer, 3rd December 2014

Source: www.localgovernmentlawyer.co.uk

Legal aid cuts means free housing advice slashed despite rise in repossessions – The Independent

Posted November 27th, 2014 in housing, law centres, legal aid, news, repossession by sally

‘Legal help for thousands of families facing eviction from their home is being slashed by the Government despite soaring numbers of repossessions, an investigation for The Independent has found.’

Full story

The Independent, 26th November 2014

Source: www.independent.co.uk

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Relief From Sanction – Without A Formal Application – Zenith PI Blog

Posted November 10th, 2014 in appeals, disclosure, news, repossession, time limits by sally

‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’

Full story

Zenith PI Blog, 10th November 2014

Source: www.zenithpi.wordpress.com

Wickland (Holdings) Ltd v Telchadder – WLR Daily

Posted November 7th, 2014 in agreements, law reports, nuisance, repossession by tracey

Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469

‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Outlaw ‘revenge evictions’ by landlords, says housing charity – The Guardian

‘Shelter, the housing charity, is calling for a ban on “revenge evictions”, which it says are being carried out by bad landlords on tenants who dare to complain about inadequate conditions or ask for repairs to be made.’

Full story

The Guardian, 25th October 2014

Source: www.guardian.co.uk

Supreme Court: ‘sale and rent back’ firm could not grant tenants proprietary rights over properties before sale completed – OUT-LAW.com

Posted October 24th, 2014 in leases, mortgages, news, repossession, sale of land by sally

‘A firm that purchased properties in the north east of England on the condition that the previous owners would be entitled to remain in their homes indefinitely was not in a position to make such a promise, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 23rd October 2014

Source: www.out-law.com

A very unlawful eviction – NearlyLegal

Posted October 23rd, 2014 in damages, housing, local government, news, repossession by sally

‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’

Full story

NearlyLegal, 22nd October 2014

Source: www.nearlylegal.co.uk

Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security – OUT-LAW.com

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

Full story

OUT-LAW.com, 20th October 2014

Source: www.out-law.com

Judge blasts Southwark Council for evicting Sudanese tenant and destroying all of his possessions – The Independent

Posted October 16th, 2014 in damages, housing, local government, news, repossession by sally

‘Housing officers conspired to unlawfully evict a Sudanese refugee from his council flat and destroy his possessions, including memory sticks holding thousands of hours of work, before then covering up their wrongdoing, a judge has ruled.’

Full story

The Independent, 16th October 2014

Source: www.independent.co.uk

A mortgage without a valid mortgage deed – Hardwicke Chambers

Posted September 24th, 2014 in estoppel, litigants in person, mortgages, news, repossession, trusts by sally

‘There have been a number of attempts by those facing repossession and worse at the hands of mortgage lenders to dispute the validity of the claims against them on the basis of a failure to comply with the necessary legal formalities. Mortgage lenders typically send a mortgage offer letter that they invite their borrower to sign. Often the mortgage lender does not formally sign the offer letter. At the time of an advance there is usually a mortgage deed which is often signed by the borrower not the lender.’

Full story

Hardwicke Chambers, 10th September 2014

Source: www.hardwicke.co.uk