Category: repossession

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?’

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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).’

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NearlyLegal, 4th December 2014

Source: www.nearlylegal.co.uk

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

Posted December 4th, 2014 in appeals, damages, landlord & tenant, local government, news, repossession, Supreme Court by sally

‘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.’

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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.’

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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

Posted November 18th, 2014 in appeals, homelessness, housing, law reports, local government, repossession, Supreme Court by sally

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.’

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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

Posted October 27th, 2014 in appeals, complaints, consumer protection, housing, landlord & tenant, news, repossession by sally

‘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.’

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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.’

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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).’

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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.’

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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.’

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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.’

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Hardwicke Chambers, 10th September 2014

Source: www.hardwicke.co.uk

Retaliatory Eviction and Law Reform – NearlyLegal

Posted September 15th, 2014 in bills, complaints, health & safety, housing, landlord & tenant, news, repossession by tracey

‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’

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NearlyLegal, 11th September 2014

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

You’ve got absoutely nothing out of this – NearlyLegal

Posted September 1st, 2014 in abuse of process, banking, contracts, costs, housing, indemnities, mortgages, news, repossession by sally

‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’

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NearlyLegal, 31st August 2014

Source: www.nearlylegal.co.uk

Regina v Ali (Salah) – WLR Daily

Posted August 11th, 2014 in appeals, enforcement notices, housing, law reports, planning, proceeds of crime, rent, repossession, sentencing, time limits by sally

Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366

‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

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Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

Posted August 6th, 2014 in appeals, civil procedure rules, disability discrimination, equality, housing, local government, news, proportionality, repossession, Supreme Court by sally

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

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Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone – NearlyLegal

Posted August 6th, 2014 in appeals, civil procedure rules, disability discrimination, equality, housing, local government, news, proportionality, repossession, Supreme Court by sally

‘Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.’

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NearlyLegal, 5th August 2014

Source: www.nearlylegal.co.uk