Monthly Archive for November, 2008

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Darling's Keynesian splurge

By NL on 24/11/2008. 4 Comments

And what is promised for housing?

According to this DCLG press release, the following (with my comments in brackets):

* Agreement with major lenders to wait at least three months before initiating repossession proceedings, in order to explore all other alternatives. The Government has also welcomed the commitment by lenders to look at all possible options to prevent repossession, such as reducing payments and mortgage rescue schemes.

(My impression is that most of the major lenders already waited 3 months or so. it is the sub-prime brigade packing out the Courts. As with the protocol, no form of penalty or means of enforcement.)

* Bringing forward the Government’s £200 … Read the full post

Posted in Housing law - All, Mortgage possession and Possession. Tags: , .

Not enough of a house

By NL on 23/11/2008. 1 Comment

This is another of the occasional cases on s.2(1) Leasehold Reform Act 1967 – the definition of a ‘house’ for the purposes of leasehold enfranchisement. Not strictly on point for Nearly Legal, but I enjoy them, so you get them…

Grosvenor Estates Ltd v Prospect Estates Ltd [2008] EWCA Civ 1281 is a Court of Appeal case on the statutory right of the long lease tenant – Prospect Estates – to acquire the freehold of 132 Ebury Street, SW1. The property was built as a house for living in about 1850. The only major structural works since that date were the addition of a third and fourth floor. Since 1965 … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership. Tags: , .

HMO licensing actually working?

By NL on 22/11/2008. 1 Comment

Thanks to Tessa at landlordlaw for pointing me to this news snippet from Liverpool, in which the HMO licensing scheme is not only enforced, but the Local Authority aids the tenants,

Following conviction of the landlords, Raymond Whalley, and Ray Whalley Ltd, in the Liverpool Magistrates Court for operating an HMO without a licence, with a £3000 fine plus costs, the LA wrote to the tenants to inform them of their right to seek a rent repayment order in the Residential Property Tribunal. The six tenants did just that, resulting in an order for repayment of rent of £650 each, or three months rent (from the 12 months rent … Read the full post

Posted in Assured Shorthold tenancy and Housing law - All. Tags: , , , , .

For old times' sake

By NL on 18/11/2008. 29 Comments

This is only for for those of you who have been reading this blog for some time, but I’m quite pleased to be able to say that Nearly Legal (the person) has finally been admitted to the roll as a solicitor. Everyone else involved in the blog is, of course, already stunningly qualified.

Now, do we change the name of the blog?… Read the full post

Posted in Various (non-housing). Tags: .

Enforcing Postponed Possession Orders

By J on 14/11/2008. 0 Comments

LB Wandsworth v Whibley [2008] EWCA Civ 1259.

If a postponed possession order is made and the landlord takes the view that the conditions of postponement have been broken, the application for a date for possession should be conducted on a summary basis and only on the basis of evidence submitted by the landlord… or so argued LB Wandsworth in this case. Unsurprisingly, they lost.

Mr Whibley is the secure tenant of LB Wandsworth. He was a man who cultivated and used cannabis and who had been convicted of the same. LB Wandsworth sought possesson of his property on the basis of his drug convictions and some minor rent arrears. … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , , .

Pour encourager les autres

By J on 14/11/2008. 13 Comments

Webb v Wandsworth LBC (Court of Appeal, November 12, 2008, extempore judgment and only noted in Arden Chambers Eflash 328)

Ms Webb was the secure tenant of LB Wandsworth. Between 2005 and 2006 her son was involved in a number of serious criminal and anti-social acts in the local area. In response, Wandsworth issued possession proceedings relying on Grounds 1 and 2, Sch. 2 Housing Act 1985. Shortly thereafter, an ASBO was made against the son. The son subsequently left the family home, although he would regularly return to visit his mother.

The possession trial came on in October 2007. There had been no ASB for a year and … Read the full post

Posted in ASB, FLW case note, Housing law - All and Possession. Tags: , , , .

Harassment by possession claim

By NL on 13/11/2008. 3 Comments

In what appears to be a good week for somewhat bizarre cases, may I present Carlos Allen v London Borough of Southwark  [2008] EWCA Civ 1478. This was an appeal by Mr Allen to the Court of Appeal of the striking out of his claim for harassment against LB Southwark.

Mr Allen was a Southwark tenant. Since 1996, Southwark had issued five possession proceedings against him for rent arrears. Southwark had insisted that Mr Allen pay his rent at a Post Office rather than his local housing office, which apparently couldn’t deal with cash. Mr Allen defended the first claim on the basis that his tenancy agreement specified payment … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , , .
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