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.”

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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

Media organisations win legal fight over Dale Farm footage – BBC News

Posted May 17th, 2012 in disclosure, evidence, media, news, police, repossession, travellers by sally

“Media organisations have won a High Court battle over police orders to hand over film of the evictions from the traveller site at Dale Farm in Essex.”

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BBC News, 17th May 2012

Source: www.bbc.co.uk

Repossession day in court: ten minutes with a lawyer, five before a judge – The Guardian

Posted April 17th, 2012 in courts, law centres, legal aid, news, repossession by sally

“Legally-aided advice desk at Clerkenwell and Shoreditch county court is a vital service for clients who may lose their homes.”

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The Guardian, 16th April 2012

Source: www.guardian.co.uk

Occupy London protesters evicted by police – Daily Telegraph

Posted February 28th, 2012 in appeals, demonstrations, news, repossession by tracey

“Protesters camping at St Paul’s Cathedral in London as part of the Occupy movement have been evicted by police after losing a Court of Appeal challenge.”

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Daily Telegraph, 28th February 2012

Source: www.telegraph.co.uk

Private: Keep Out – Hardwicke Chambers

Posted January 10th, 2012 in human rights, news, repossession by sally

“Since the cases of Manchester CC v. Pinnock [2010] UKSC 45 and LB Hounslow v. Powell [2011] UKSC 8 it is clear that the County Court must have, and does have, the power to assess in every case whether the making of a possession order in respect of a person’s ‘home’ is ‘proportionate’ for the purposes of art.8 of the European Convention on Human Rights. However, this is in the context of a local authority land owner seeking an order for possession.”

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Hardwicke Chambers, 20th December 2011

Source: www.hardwicke.co.uk

Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by tracey

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

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UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com

 

CPS to consider Dale Farm charges – The Independent

Posted December 20th, 2011 in bailiffs, Crown Prosecution Service, news, repossession, travellers by tracey

“Police have passed 16 cases linked to the clearance of theUK’s largest travellers’ site to the Crown Prosecution Service.”

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The Independent, 20th December 2011

Source: www.independent,co.uk

Occupy protesters in UBS bank building win legal victory – BBC News

Posted December 20th, 2011 in appeals, demonstrations, news, repossession, squatting by tracey

“Protesters occupying an empty office complex in the City of London owned by the bank UBS can stay until at least January, after a legal victory.”

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BBC News, 19th December 2011

Source: www.bbc.co.uk