Category Archives: Possession

All possession related posts

Spencer v Taylor – section 21 news

The Appellant tenant in Spencer v Taylor [2013] EWCA Civ 1600 (our note here) has had permission to appeal to the Supreme Court refused, on the grounds that it did not raise an arguable point of law.

This means that the Court of Appeal decision stands. Where an assured shorthold tenancy has had a fixed term and a statutory periodic tenancy has arisen, there is no requirement to use a s.21(4)(a) notice, or have a date of expiry at the end of a period of the tenancy. A section 21(1)(b) notice with two clear months notice is adequate.

Where a tenancy was periodic from the start, or where … Read the full post

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Ghopee. Hopeless.

Dunfermline Building Society v Ghana Commercial Finance Ltd & Ors (2014) QBD (Merc) 16 July 2014 [Not on Bailii. Lawtel note of extempore judgment.]

Regular readers will know of our interest in Mr Dharam Ghopee (or Gopee), our very favourite unlawful money lender to vulnerable individuals  at hugely extortionate if unenforceable rates. It appears that as well as skating on extremely thin ice with the Mercantile Court (to the point where all possession cases, by all his companies, are stayed, struck out or set aside), Mr Ghopee has been pursuing other litigation against relatively bona fide lenders (presumably over possession and charges) on behalf of his companies.

And … Read the full post

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Make do and mend: Undoing Superstrike on deposits

The Govt has published the text of the Government amendment to the Deregulation Bill that is proposed to deal with tenancy deposits and specifically the Superstrike position of a new tenancy (and requirement to re-protect the deposit and re-serve the prescribed information) arising when a fixed term ends and a statutory period tenancy begins.

The text of the amendment – a new S.215A to S.215D to the Housing Act 2004 – is at page 10012 onwards in that link and below.

Briefly, the effects appear to be:

  • Where a deposit taken on a fixed term tenancy after April 2007, and protected and Prescribed Info served, this is treated as if
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They think it’s all over….

We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public … Read the full post

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Succession and Sharia

A quick note on a recent Court of Appeal decision: Northumberland & Durham Property Trust Ltd v Ouaha.

From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms Al-Faisal married the Appellant, Ms Ouaha, in an Islamic marriage ceremony in London and the couple had two children in 1991 and 1994. Importantly for the purposes of this case, there was no civil ceremony.

The parties separated in either 2002 or 2003 but continued living under the same roof. After Mr Al-Faisal’s death, the Respondent landlord commenced possession proceedings and HHJ Baucher in … Read the full post

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Approximate grounds

Masih, R (on the application of) v Yousaf [2014] EWCA Civ 234

When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be?

In this case, reaching the Court of Appeal via a slightly convoluted route as an appeal  of an order refusing permission to appeal out of time, the issue was the wording used in the s.8 notice setting out Ground 8.

Ms M was the assured shorthold tenant of Mr Y. There were rent arrears, a shortfall between the LHA payable and the rent. Mr Y served a notice under s.8 … Read the full post

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