Archive for the 'Licences and occupiers' Category

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Proportionality. A precis on ‘summary’

By NL on 08/11/2011. 7 Comments

Holmes v Westminster City Council [2011] EWHC 2857 (QB)

An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example of the High Court grappling with how the County Court should approach a summary possession claim, post Pinnock and Powell.

Mr H had a non-secure tenancy from Westminster as temporary accommodation following Westminster accepting a s.193 Housing Act 1996 duty in 2005. In 2009, Westminster told Mr H it had discharged duty following his failure to attend two appointments for inspection of his accommodation. Mr H requested … Read the full post

Posted in FLW case note, Homeless, Housing law - All, Introductory and Demoted tenancies, Licences and occupiers and Possession. Tags: , , .

Well he would, wouldn’t he?

By NL on 25/09/2011. 13 Comments

The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this.

The Guardian has what I think is a good article on the letter on the website here and hopefully also in today’s paper (Monday’s paper which I haven’t seen yet), headlined “Squatting law is being misrepresented to aid ministers’ reforms, claim lawyers”. The Guardian also has an edited version of the letter on the Letters page and the full version with signatures on the website here.

If there is any further media reporting, I’ll add … Read the full post

Posted in FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , .

Forgive us our trespasses…

By NL on 10/07/2011. 14 Comments

The Prime Minister’s confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the most significant changes to the law of trespass in England and Wales for generations.

The media response, carefully directed by spin, has been to focus on squatting and, all too predictably, on ‘protecting homeowners’ from squatters. That this response is wholly and perhaps wilfully inaccurate about the current law is something we’ve addressed before. Of course, squatting is threatened by the proposals, but the ramifications run deeper and wider.

The … Read the full post

Posted in Adverse possession, FLW article, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Injunction, planning and committal, post Cala

By NL on 06/07/2011. 0 Comments

Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB)

I’ll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG’s stated intention to remove the Regional Plans and after Cala in the Court of Appeal (our brief report here).

This was Broxbourne BC’s committal application, much adjourned, for breach of an injunction to cause, permit or occupy a caravan on a plot alongside the river Lea. Mr Breary was the second defendant. From 2009, Mr B owned the plot number 19, one of 73, 50 of which … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers, Possession and Regulation and planning.

Pretty Vacant

By NL on 16/06/2011. 0 Comments

NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683

This is a commercial leasehold case, but it is the first significant case on the meaning of ‘vacant possession’ since about 1946 and is of general application, so here it is.

NYK was the lessee of a warehouse owned by Ibrend. NYK purported to exercise a break clause in the lease on 3 April 2009. Ibrend denied that NYK had validly terminated the cease because it had failed to give vacant possession on 3 April 2009 (a condition of the break clause) and that the lease continued until 25 December 2009, when NYK exercised a further break clause, … Read the full post

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

Not too late but too little

By NL on 16/06/2011. 0 Comments

Southwark LBC  v Barrett Bromley County Court 18/03/2011

A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the ‘seriously arguable’ threshold.

Ms Barrett was a non secure tenant, the tenancy being granted under Part VII Housing Act 1996. The landlord served notice to quit after Southwark discharged duty, following Ms B’s refusal of alternative accommodation.

Ms B was advised by a solicitor that there was no defence (this was pre Pinnock) and she did  not attend the hearing. About 4 weeks later, after Pinnock, she applied to set aside … Read the full post

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

Not going quietly…

By NL on 31/05/2011. 0 Comments

Or round 3 of Ms Pritchard’s refusal to give up her former property to the ‘We buy your right to buy home’ firm that had obtained possession.

Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere]

Readers may recall the possession judgment, and the multi stranded (and multi partied) appeal of the without notice warrant of eviction, in both of which Ms P was unsuccessful. After having been evicted and failed in her application for re-entry, it appears that Ms P was not going to accept that as a conclusion. She, her son and two others had allegedly gained access to the property … Read the full post

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