Dale Farm Travellers face eviction again – The Guardian

Posted December 20th, 2012 in appeals, local government, news, planning, repossession, travellers by tracey

“Travellers living at the side of the road near the former Dale Farm site face being evicted for a second time after Basildon council, in Essex, voted to take ‘direct action’ to remove the families who remain.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

ASB and Possession – NearlyLegal

“Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems.”

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NearlyLegal, 16th December 2012

Source: www.nearlylegal.co.uk

Equality Act 2010, possession claims and assessors – Hardwicke Chambers

Posted December 11th, 2012 in civil procedure rules, equality, landlord & tenant, news, repossession by sally

“It seemed a fairly straightforward hearing – a pre-trial review in an anti-social behaviour possession claim prior to a one-day trial at the end of December – with both my opponent and I agreeing that the matter was ready to proceed.”

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Hardwicke Chambers, 30th December 2012

Source: www.hardwicke.co.uk

Outright or suspended – The correct approach in discretionary residential possession cases – Hardwicke Chambers

Posted December 11th, 2012 in appeals, housing, local government, news, repossession by sally

“On 29 November 2012 the Court of Appeal handed down judgment in Birmingham City Council v Mr Neil Ashton [2012] EWCA Civ 1557. Though the facts of the case were similar to many anti-social behaviour cases heard around the country it did throw up three particularly interesting areas of confirmation and clarification.”

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Hardwicke Chambers, 3rd December 2012

Source: www.hardwicke.co.uk

Souglides v Tweedie and another – WLR Daily

Posted December 7th, 2012 in landlord & tenant, law reports, leases, mortgages, perpetuities, repossession by sally

Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367

“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Fire, flood and tempest… – Hardwicke Chambers

Posted October 30th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“Arthur Moore considers the liability of landlords in instances of fire damage.”

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Hardwicke Chambers, 11th October 2012

Source: www.hardwicke.co.uk

Tempest Tossed? – NearlyLegal

Posted October 25th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest?”

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NearlyLegal, 24th October 2012

Source: www.nearlylegal.co.uk

Fire, flood and tempest… – Hardwicke Chambers

Posted October 18th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“The repairing obligations imposed on the landlord of a ‘dwelling-house’ by s.11(1) of the Landlord and Tenant Act 1985 are well known: the landlord must keep in repair the structure and exterior of the dwelling-house, as well as the installations within it.”

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Hardwicke Chambers, 11th August 2012

Source: www.hardwicke.co.uk

One year after eviction, the saga of Dale Farm is far from over – The Guardian

Posted October 18th, 2012 in local government, news, repossession, travellers by sally

“Around 80 Traveller families were removed from site 12 months ago after a decade long battle, but many are still close by.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

Arrears, warrants and abuse of process – NearlyLegal

Posted October 1st, 2012 in abuse of process, loans, mortgages, news, repossession, warrants by sally

“A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received.”

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NearlyLegal, 30th September 2012

Source: www.nearlylegal.co.uk

Survivorship and succession – Nearly-Legal

Posted September 11th, 2012 in housing, landlord & tenant, local government, news, repossession, succession by tracey

” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”

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Nearly-Legal, 11th September 2012

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

Public Law and Article 8 at Eviction Stage – Hardwicke Chambers

Posted August 14th, 2012 in armed forces, disabled persons, housing, news, repossession by sally

“On 30th July 2012 Ingrid Simler QC, sitting as a Deputy High Court Judge, handed down judgment in JL-v- (1) Secretary of State for Defence (2) Leeds City Council (Interested Party) [2012] EWHC 2216 (Admin).”

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Hardwicke Chambers, 6th August 2012

Source: www.hardwicke.co.uk

Local Government Law Update – 11 KBW

Posted August 7th, 2012 in homelessness, human rights, local government, news, repossession by sally

Local Government Law Update: 31 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Human Rights When Seeking Possession and Sale of a Bankrupt’s Home: Anything to Fear? – Hardwicke Chambers

Posted July 31st, 2012 in bankruptcy, human rights, insolvency, news, repossession by sally

“For many insolvency practitioners (in the wider sense), the European Convention on Human Rights (‘ECHR’) and the Human Rights Act 1998 (‘HRA’) are pieces of legislation having little impact upon day to day insolvency practice.”

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Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk

Former Dale Farm travellers face new eviction attempt – The Guardian

Posted July 25th, 2012 in housing, local government, news, planning, repossession, travellers by tracey

“Basildon council is preparing to bring back bailiffs after travellers removed from Europe’s largest illegal site at Dale Farm in Essex moved to a neighbouring settlement.”

Full story

The Guardian, 25th July 2012

Source: www.guardian.co.uk

 

Grow Heathrow: Squatters lose court bid to stay – BBC News

Posted July 19th, 2012 in airports, news, repossession, squatting by tracey

“A group of squatters who set up a community garden project on private land close to Heathrow Airport have failed in a court bid to stay.”

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BBC News, 18th July 2012

Source: www.bbc.co.uk

Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

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Zenith Chambers, 5th July 2012

Source: www.zenithchambers.co.uk

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers

“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”

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Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Peace campaigner evicted from Parliament Square using new law – UK Human Rights Blog

Posted May 17th, 2012 in demonstrations, freedom of expression, London, news, repossession by sally

“On 27 April 2012, Maria Gallastegui, a peace campaigner and resident of the East pavement of Parliament Square since 2006, lost her legal battle to continue her 24 hour, tented vigil in protest against the folly of war and in particular the UK’s involvement in armed conflict.”

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UK Human Rights Blog, 17th May 2012

Source: www.ukhumanrightsblog.com