When is Article 8 available at the enforcement stage of the eviction process?

Posted on 01/05/2013 by S

In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal “broke new ground”* by considering how Article 8 applied to the stage at which possession orders are enforced.

Facts

JL rented accommodation owned by the Ministry of Defence and had done so since 1989. It lacked security of tenure. She lived at the accommodation with her two adult daughters and her grandson. One of her daughters suffered from mental health problems and JL was physically disabled and required the use of a wheelchair.

The Ministry of Defence had provided this accommodation to her despite the fact that it had no duty to do so. This was … Read the full post

How Limited is that Partnership?

Posted on 25/04/2013 by David Smith

Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22

It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the Supreme Court.

Facts
You will have to bear with me as the facts are complex. I promise to keep it simple. Scottish Agricultural tenants have historically had very substantial security of tenure along with very powerful succession rights. Much the same situation has existed in England too at times. This is said to be good for land husbandry but is equally a reflection of post-war … Read the full post

Non-qualifying successors and counting time

Posted on 30/03/2013 by J

Just a short note to alert readers to the case of LB Islington v Doner [2012] EWCA Civ 1745 (casetrack only, as far as I can tell). Since 2007, Doner had moved into a flat owned by LBI. The secure tenant was the former partner of Doner’s grandmother. Doner cared for the secure tenant until his death in November 2008. LBI issued possession proceedings which Doner defended on art.8 grounds.

Both the county court found for LBI. Jackson LJ granted permission to appeal at an oral hearing. The primary issue seems to be the length of occupation. The trial judge seems to have treated it as about 14 months (… Read the full post

Unclear judgment on unclear occupancy

Posted on 24/03/2013 by Giles Peaker

London Borough of Brent v Tudor [2013] EWCA Civ 157

This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.

Ms Tudor had succeeded to her mother’s tenancy of a six bedroom property. The mother had died in March 2009. Ms T had applied to succeed in July 2009 after Brent served an NTQ. She named four members of her family as living with her. The Council replied in August … Read the full post

Phoenix from the flames

Posted on 23/03/2013 by J

There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be issued in the High Court. I have been provided with a note of judgment and so can give you a bit more detail.

Imagine, if you will, that a large number of the good people of North London are, to put it mildly, somewhat dissatisfied with the Tory/Lib Dem cuts to public expenditure (a view, I should add, which is plainly shared by all right-thinking… Read the full post

Article 8, Undue Influence and much, much more…

Posted on 17/03/2013 by SJM

The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech’s parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967. Mrs B’s father passed away in 1994 and her mother succeeded to the tenancy. Mrs B moved in to the property with her new partner in 2007 in order to provide care for her mother. Between 2008 and 2009, five offers of accommodation were made to Mrs B and these were refused for a variety of reasons. Mrs B’s request for her name to … Read the full post

The Tolerated Trespasser Rides Again!

Posted on 10/03/2013 by SJM

OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the ‘nuts and bolts’ of an Article 8/proportionality judgement.

Mr Miller (M) held a non-secure tenancy of a flat with Fareham BC. M was a habitual offender and a long-standing heroin addict who spent his life in and out of prison. On 13/5/10 the council served a notice to quit because of rent arrears which were cleared very soon afterwards. However, by September 2010, it became clear that … Read the full post

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Category Archives: Possession