No-fault evictions: ‘Our lives are falling apart’ – BBC News

Posted February 20th, 2020 in housing, landlord & tenant, news, notification, repossession by sally

‘Section 21 of the 1988 Housing Act allows landlords to evict tenants without a reason once their contract comes to an end, or give them notice of the “intention to evict” two months before it ends. They are often used by landlords who want to sell their properties.’

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BBC News, 20th February 2020

Source: www.bbc.co.uk

Default Interest? That is just under 290% p.a. – KCH Garden Sq

Posted January 22nd, 2020 in interest, loans, news, repossession by sally

‘An interesting part of my work involves advising and appearing in cases in which there are loans from companies that specialise in loans to “distressed borrowers”. I have acted both for and against loan companies in that area of business, and so I have been able to see the issues from both sides.’

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KCH Garden Sq, 16th January 2020

Source: kchgardensquare.co.uk

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

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Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk

Proposals for changes to Housing Possession Court Duty Scheme “do not address fundamental issues of sustainability”: Law Society – Local Government Lawyer

Posted January 8th, 2020 in consultations, fees, housing, Ministry of Justice, news, repossession by sally

‘A Ministry of Justice consultation on proposed changes to the Housing Possession Court Duty Scheme (HPCDS) fails to address the fundamental issues of sustainability, the Law Society has claimed.’

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Local Government Lawyer, 7th January 2020

Source: www.localgovernmentlawyer.co.uk

Housing benefits, human rights and possession claims – Local Government Lawyer

Posted December 17th, 2019 in benefits, housing, landlord & tenant, news, repossession, Supreme Court by tracey

‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’

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Local Government Lawyer, 17th December 2019

Source: www.localgovernmentlawyer.co.uk

No going back – Nearly Legal

Posted November 26th, 2019 in damages, landlord & tenant, news, repossession by tracey

‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’

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Nearly Legal, 24th November 2019

Source: nearlylegal.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

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Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Dishonourable discharge – Nearly Legal

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

New points on appeal, after a summary possession order – Nearly Legal

Posted October 8th, 2019 in appeals, civil procedure rules, news, repossession, summary judgments by tracey

‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Warrants of possession – fresh grounds and Equality Act defences – Nearly Legal

Posted September 26th, 2019 in landlord & tenant, news, rent, repossession, warrants by tracey

‘Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the allegations of ASB, even if the court would be minded to stay the warrant on the arrears. This was the approach in Sheffield City Council v Hopkins (2001) EWCA Civ 1023, which suggested a summary approach to fact finding in such cases.’

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Nearly Legal, 22nd September 2019

Source: nearlylegal.co.uk

Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by tracey

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Possession and licensing in Wales – Nearly Legal

Posted August 27th, 2019 in housing, landlord & tenant, licensing, news, repossession, Wales by sally

‘Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019.’

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Nearly Legal, 26th August 2019

Source: nearlylegal.co.uk

Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

Court of Appeal allows possession despite landlord’s failure to carry out a PSED assessment – Local Government Lawyer

Posted August 2nd, 2019 in disabled persons, equality, landlord & tenant, news, repossession by tracey

‘A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Court finds for landlord over possession of under-occupied property – Local Government Lawyer

‘The Court Of Appeal has clarified the law over when a council should serve a notice seeking possession from a resident who has succeeded to a tenancy.’

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Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

Too late to waive – Nearly Legal

Posted July 31st, 2019 in landlord & tenant, news, repossession, time limits by sally

‘Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court of Appeal judgment on an appeal from an appeal to a circuit judge of a first instance possession order. At issue was the effect of an application to dispense with the requirement for a notice seeking possession (via s.83(1)(b) Housing Act 1985) on the statutory time limits.’

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Nearly Legal, 29th July 2019

Source: nearlylegal.co.uk

Ministry consults on implementing decision to end ‘no-fault’ evictions – Local Government Lawyer

‘The Ministry of Housing, Communities and Local Government has launched a consultation on implementing the government’s decision to remove section 21 of the Housing Act 1988 and improving section 8 eviction grounds.’

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Local Government Lawyer, 23rd July 2019

Source: www.localgovernmentlawyer.co.uk

Tenants will be given access to rogue landlord database – The Guardian

‘Campaigners have welcomed government plans to open up its rogue landlord database to prospective tenants, as part of proposals to give greater protection to renters.’

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The Guardian, 21st July 2019

Source: www.theguardian.com

Possession and the PSED (again) – Nearly Legal

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk