City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

Full Story

Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

In what circumstances can proprietary estoppel defeat an express declaration of trust? – Tanfield Chambers

Posted May 23rd, 2022 in appeals, chambers articles, conveyancing, estoppel, news, repossession, trespass by sally

‘A decision on whether to give permission to appeal should not ordinarily be cited unless it clearly indicates that it purports to establish a new principle or to extend the present law – so said Lord Woolf CJ in Practice Direction (Citation of Authorities) 2001 1 W.L.R. 1001. To specialist practitioners, however, permission applications remain of interest in dynamic areas such as proprietary estoppel.’

Full Story

Tanfield Chambers, 11th May 2022

Source: www.tanfieldchambers.co.uk

And no extensions – Nearly Legal

‘The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority’s decision not to offer a new fixed term at the end of the initial fixed term beyond the 21 days provided for in section 107E Housing Act 1985. At first instance judicial review, the High Court had held there was no such power (our report here). Ms Kalonga appealed.’

Full Story

Nearly Legal, 19th May 2022

Source: nearlylegal.co.uk

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

Full Story

Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

No-fault evictions: 200,000 renters in England served notices in three years – The Guardian

Posted April 27th, 2022 in housing, landlord & tenant, news, repossession, statistics by sally

‘More than 200,000 private renters in England have been served eviction notices without doing anything wrong in the three years since the government first promised to ban the practice, housing campaigners have claimed.’

Full Story

The Guardian, 26th April 2022

Source: www.theguardian.com

One in eight private rented homes poses ‘serious threat’ to occupants’ health, damning report finds – The Independent

‘More than one in eight privately rented homes in England pose a “serious threat” to the health and safety of their occupants, a damning report has revealed.’

Full Story

The Independent, 13th April 2022

Source: www.independent.co.uk

Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

Full Story

UKSC Blog, 5th April 2022

Source: ukscblog.com

Fixed term secure tenancies and forfeiture – Nearly Legal

‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’

Full Story

Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Evictions rise: ‘I was quite upset, it was panic mode’ – BBC News

Posted February 24th, 2022 in coronavirus, deposits, landlord & tenant, news, rent, repossession by sally

‘The government introduced a ban on evictions in March 2020 to protect renters during the pandemic, but this was lifted in May 2021.

Now government figures show that repossession claims by private landlords are returning to pre-pandemic levels.’

Full Story

BBC News, 24th February 2022

Source: www.bbc.co.uk

This is not my beautiful house – Nearly Legal

Posted February 15th, 2022 in disclosure, injunctions, landlord & tenant, news, repossession, trespass by tracey

‘Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB). A combined hearing of a return date on an ex parte interim injunction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might think, though not outside the bounds of possibility. But bear with me, because this will turn out to be quite the ride.’

Full Story

Nearly Legal, 13th February 2022

Source: nearlylegal.co.uk

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by tracey

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

Full Story

Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

Full Story

Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

Full Story

Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

The appearance of a substantial defence in possession claims, and property guardians and possession – Nearly Legal

Posted December 14th, 2021 in civil procedure rules, estoppel, landlord & tenant, licensing, news, repossession by tracey

‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’

Full Story

Nearly Legal, 6th December 2021

Source: nearlylegal.co.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

Full Story

gov.uk, 25th November 2021

Source: www.gov.uk

Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer

Posted November 9th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by tracey

‘The “Overall Arrangements for Possession Proceedings” ­– published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’

Full Story

Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

‘A massive injustice’: 10 years on from Dale Farm evictions, pain and trauma remain – The Guardian

Posted October 22nd, 2021 in homelessness, housing, local government, news, repossession, travellers by sally

‘On the day residents of Dale Farm, then one of the largest unauthorised Traveller sites in Europe, were due to be evicted a decade ago, pupils at the nearby primary school were handed special stones they could squeeze as they walked into their morning assembly. The teachers wanted to remind everyone that the school remained a safe and welcoming place.’

Full Story

The Guardian, 21st October 2021

Source: www.theguardian.com

Possession – more change in England – Local Government Lawyer

Posted October 4th, 2021 in housing, landlord & tenant, local government, news, repossession by tracey

‘From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.’

Full Story

Local Government Lawyer, 4th October 2021

Source: www.localgovernmentlawyer.co.uk

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

Full Story

Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

Full Story

Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk