Warrant on breach of SPO – permission required

We foreshadowed this appeal hearing here, and now we have the Court of Appeal judgment. And it is important. Cardiff City Council v Lee [2016] EWCA Civ 1034 The sole issue on the appeal was: can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to […]

Guest post – permission for warrants of possession?

This is a guest post by Michelle Caney and Nicholas Towers of St Ives Chambers. Anyone wanting to enforce possession orders should keep an eye on Cardiff County Council v Lee (Flowers), scheduled to be heard by the Court of Appeal on 18 or 19 October 2016, because the case could have significant implications for […]

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In the Tribunals…

Quick notes on a couple of Upper Tribunal (Lands Chamber) cases. Cardiff Community Housing Association Ltd v Kahar  [2016] UKUT 279 (LC) Ms K had a weekly tenancy of a flat (initially her daughter’s flat but assigned to her in 2014 by mutual exchange). The tenancy agreement provided for the payment of rent and also a […]

Time, distance & suitability

Begum v Tower Hamlets LBC. County Court at Central London. 1 December 2015 Thanks to the Housing: Recent Developments in the September 2016 edition of Legal Action for the note of this case. This was a s.204 appeal of a s.202 review of suitability of temporary accommodation. Tower Hamlets owed Ms B, and her four […]

Homeless eligibility amends and deposit discretions

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless […]

We eat ham and jam and spam a lot

Property guardian companies. Just when you think that most of the firms involved have managed some form of legality around their possession and eviction practices, they go and disappoint you. Way back in 2012, we noted the widespread failure of property guardian firms to adhere to the requirements of the Protection from Eviction Act 1977 […]

Vulnerability, ‘significantly’ and equality duties

S Butt v London Borough of Hackney. County Court at Central London. 22 February 2016 (PDF of judgment) This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. (Others are here and here). In […]

‘Solicitor’s agents’ and rights of audience again

We had a look at this issue many years ago, and now, with thanks to Gordon Exall at Civil Litigation Brief, there is information on a county court case on the point. This is of significance, and potential use, as the appearance of ‘solicitor’s agents’ for advocacy in mortgage possession claims and in private possession […]

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