Author Archive for NL

Job Ad

By NL on 05/02/2012. 0 Comments

Housing paralegal vacancy

Wainwright Cummins LLP are recruiting for an experienced housing paralegal (with a view to a training contract for the right individual) to work in our social housing team.

Our housing team are members of the Housing Law Practitioners’ Association and have been recognised as a ‘leading practice team’ for our social housing tenant work in the recent edition of the ‘Legal 500’. We advise tenants on all aspects of housing law and endeavour to provide a high quality service striving to ensure clients achieve the best possible outcome possible in their cases.

We are referred many of our clients through community and voluntary advice organisations and frequently … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: .

Job Ad

By NL on 31/01/2012. 0 Comments

Tower Hamlets Law Centre

Tower Hamlets Law Centre is seeking both a permanent Housing Supervisor and a Housing Caseworker (6 months fixed-term) for its busy office in Whitechapel.

The closing date for applications is Monday, 20 February 2012 at 9am. Details and application materials can be found at the Law Centres site at:

Caseworker

Supervisor… Read the full post

Posted in Housing law - All and Various (non-housing). Tags: .

“I could be a lawyer with stratagems and ruses”*

By NL on 29/01/2012. 0 Comments

Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the solicitors then have to pay and, no matter how much or how little, that rips shreds out of the very essence of their being.

Threats to pursue wasted costs tend to be waved around rather too often by some solicitors, perhaps overly convinced of their own rightness. Usually what is at issue is actually a valid point of dispute. Personally, I think these threats tend to backfire, at least if the recipient is reasonably sure that an application would fail. Nothing shrieks of a lack of strength in a position … Read the full post

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

No comparing

By NL on 23/01/2012. 0 Comments

When considering ‘general housing circumstances in the area’ under Housing Act 1996 s.177(2) on a s.202 review, can the review officer conduct a comparative exercise?

A s.204 appeal decision in Chawa v Kensington and Chelsea RLBC (Central WLondon County Court 19 July 2011), suggests that the answer is no.

MS C and her 11 year old son were living in a private rental studio flat. She applied as homeless, but K&C decided that despite the overcrowding it was reasonable for her to continue to occupy the flat. On review, the review officer upheld the decision. The review decision took into account general housing circumstances in the area, and described this … Read the full post

Posted in FLW case note, Homeless and Housing law - All.

Proportionality and stay of eviction

By NL on 22/01/2012. 2 Comments

One of the questions posed as a result of Hounslow LBC v Powell [2011] UKSC 8 [our report here] is what happens if a proportionality argument is raised after a possession order has been made, but before eviction.

Powell found that s.89 Housing Act 1980, which limits the time for a stay of possession order to a maximum of 6 weeks, was compatible with Article 8. So, once a possession order has been made, does the court have any discretion to revisit or extend a period of stay beyond 6 weeks?

Ngesa v Crawley BC [2011] EWCA Civ 1291 [Not on Bailii yet] addresses this issue, though perhaps … Read the full post

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

When is a warrant executed?

By NL on 21/01/2012. 1 Comment

Royal Bank of Scotland v Bray Halifax County Court 25 November 2011

At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case, but the Court’s decision is clear and supported.

Mrs Bray’s home was mortgaged to RBS. RBS had obtained a possession order and had obtained, then withdrawn 5 previous warrants. RBS got a further warrant. Before the eviction date Mrs B wrote to RBS offering to clear the arrears at lunchtime on 18 November 2011 as she had sold her car and … Read the full post

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

Full of Sound and Fury…

By NL on 19/01/2012. 1 Comment

Signifying nothing*

(*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.)

The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty, following a meeting with the tenant’s legal representatives (the tenant is represented by Liberty), LB Wandsworth agreed not to bring proceedings.

If you recall (and here is our very first take on the matter, written on the day of the press release and subsequent service of Notice Seeking Possession by Wandsworth), the son of the tenant was charged with riot related offences. The son has now been sentenced … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy.
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