Reading Borough Council v Holt – WLR Daily

Reading Borough Council v Holt [2013] EWCA Civ 641; [2013] WLR (D) 222

“When determining whether a possession order should be made under section 84 of the Housing Act 1985, the expression ‘suitable accommodation’ in section 84(2)(b) and (c) and Schedule 2 to the Housing Act 1985 was broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Shared ownership, Art 8 and A1P1 – NearlyLegal

Posted May 28th, 2013 in appeals, housing, landlord & tenant, leases, news, repossession by sally

“The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue seems to have been whether she was entitled to return of some of the amounts she had paid. Patten LJ, who gave the only substantive judgment, held that she did not have such a claim and ordered possession.”

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NearlyLegal, 25th May 2013

Source: www.nearlylegal.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

Regina (JL) v Secretary of State for Defence – WLR Daily

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

When is Article 8 available at the enforcement stage of the eviction process? – NearlyLegal

Posted May 2nd, 2013 in appeals, armed forces, enforcement, human rights, news, repossession by sally

“In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal ‘broke new ground’ by considering how Article 8 applied to the stage at which possession orders are enforced.”

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NearlyLegal, 1st May 2013

Source: www.nearlylegal.co.uk

University of Sussex protesters to be evicted – BBC News

Posted April 2nd, 2013 in demonstrations, news, repossession, universities by sally

“The High Court has ruled that protesters should be evicted from part of the University of Sussex.”

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BBC News, 29th March 2013

Source: www.bbc.co.uk

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 25th, 2013 in appeals, landlord & tenant, local government, news, repossession by sally

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

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NearlyLegal, 24th March 2013

Source: www.nearlylegal.co.uk

Don’t tell (and didn’t ask) – NearlyLegal

Posted January 28th, 2013 in appeals, complaints, interpretation, landlord & tenant, news, repossession by sally

“Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made. [s.128(6)]”

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NearlyLegal, 26th January 2013

Source: www.nearlylegal.co.uk

Premises ‘reasonably required’ – NearlyLegal

Posted January 24th, 2013 in appeals, landlord & tenant, news, repossession by sally

“A rare Rent Act 1977 possession case, with possession sought as ‘reasonably required’ under Case 9 Of Schedule 15 of the 1977 Act via section 98(1).”

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NearlyLegal, 24th January 2013

Source: www.nearlylegal.co.uk

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.”

Full story

Nearly-Legal, 11th September 2012

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