A closed mind and a failed possession claim – Nearly Legal

‘Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021. Tower Hamlets (“TH”) brought a claim for possession against Mr Ali after his mother, a secure tenant, died. His mother was herself a successor and, accordingly, he was not entitled to succeed under section 87 of the Housing Act 1985. He applied to succeed under TH’s discretionary policy for failed successors which stated that TH would grant a new tenancy to an occupant where they had lived with the tenant for 12 months before the tenant’s death, and they occupied the property as their only or principle home.’

Full Story

Nearly Legal, 16th August 2021

Source: nearlylegal.co.uk

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

Full Story

Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

No power to accept late review request – Nearly Legal

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

Full Story

Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

London borough defends approach after report that family face eviction for failing to attend property viewing 200 miles away – Local Government Lawyer

Posted July 30th, 2021 in families, homelessness, housing, local government, London, news, repossession by sally

‘Councils must balance the interests of those in housing need with that of taxpayers, the London Borough of Waltham Forest has said after becoming embroiled in controversy over a family facing homelessness.’

Full Story

Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

High Court criticises Magistrates Court for failure to state a case in closure order dispute – Local Government Lawyer

‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’

Full Story

Local Government Lawyer, 22nd July 2021

Source: www.localgovernmentlawyer.co.uk

London borough secures possession order against groups camping on Clapham Common – Local Government Lawyer

Posted July 14th, 2021 in complaints, local government, London, news, repossession by tracey

‘The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.’

Full Story

Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Breathing Space for Wales? Extension of possession notices, restarting of eviction warrants and a new Hardship Grant – Nearly Legal

Posted July 5th, 2021 in coronavirus, news, regulations, repossession, Wales, warrants by tracey

‘We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with possession notices, applying from 30th June 2021, are refreshingly straightforward – certainly compared to the rather more circuitous journey taken by its (admittedly increasingly distant) English cousin.’

Full Story

Nearly Legal, 4th July 2021

Source: nearlylegal.co.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by tracey

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

Full Story

Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

Full Story

Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

Binding arbitration to settle Covid commercial rent disputes – Litigation Futures

‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’

Full Story

Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Eviction ban: A million are in fear of losing their homes, charity says – BBC News

Posted June 1st, 2021 in coronavirus, news, rent, repossession, stay of proceedings by sally

‘As England’s coronavirus eviction ban comes to an end on Monday, around a million households fear losing their homes, a charity says.’

Full Story

BBC News, 31st May 2021

Source: www.bbc.co.uk

Less Notice! More Forms! End of eviction ban! – Nearly Legal

‘The Govt announced that from 1 June 2021 there will be new notice periods for NTQs/notice seeking possession on tenancies. Rather than reverting to the pre pandemic notice requirements, there will be a further period from 1 June 2021 to 30 September 2021 in which 4 months notice will be required, down from 6 months.’

Full Story

Nearly Legal, 12th May 2021

Source: nearlylegal.co.uk

Judge criticises Priti Patel over policy for asylum seekers in pandemic – The Guardian

‘A high court judge has criticised the British home secretary in court and said he found it “extremely troubling” after one of her officials admitted the Home Office might have acted unlawfully in changing its asylum accommodation policy during the pandemic.’

Full Story

The Guardian, 6th May 2021

Source: www.theguardian.com

About 700,000 renters served with ‘no-fault’ eviction notices since start of pandemic – The Guardian

Posted April 15th, 2021 in coronavirus, housing, landlord & tenant, news, repossession by sally

‘About 700,000 renters are estimated to have been served with “no-fault” eviction notices since the start of the pandemic, despite a government promise to scrap the practice.’

Full Story

The Guardian, 15th April 2021

Source: www.theguardian.com

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

Full Story

Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer

‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’

Full Story

Local Government Lawyer, 10th March 2021

Source: www.localgovernmentlawyer.co.uk

The pitfalls of relying on s21 during the pandemic – St Ives Chambers

‘Master Dagnall gave judgment in the case of Corp of Trinity House of Deptford Strond v (1) Dequincy Prescott (2) Clodagh Byrne on 11 February 2021 [2021] EWHC 283 (QB) which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended.’

Full Story

St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Contentious Wills & Probate Case Law Roundup 2020: Part I – Parklane Plowden Chambers

Posted February 18th, 2021 in fees, financial provision, news, repossession, wills by sally

‘In Part I of our three-part series of key caselaw updates in contentious wills, Anna Metcalfe discusses the Inheritance (Provision for Family and Dependants) Act 1975.’

Full Story

Parklane Plowden Chambers, 8th February 2021

Source: www.parklaneplowden.co.uk

Breach of PSED in bringing possession proceedings cured by subsequent compliance – Garden Court Chambers

Posted February 18th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession by sally

‘Ms Taylor was the secure tenant of Slough Borough Council. She had been diagnosed with bipolar disorder in late 2011.’

Full Story

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

Full Story

Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk