Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.
Mrs S was the wife of the late Mr Shearer, who was himself the successor tenant to the property that was the subject of the possession claim at 35 Martival, Leicester. They married in 2005 and Mrs S left in 2010 to take an assured shorthold tenancy following incidents of domestic violence. Mrs S’s children continued to have staying contact with Mr S at the property. The parties later reconciled and were staying at another property in Leicester in February 2011 when Mrs S tragically found her husband hanged on the … Read the full post
Emery v Wandsworth LBC (2013) QBD 14 November 2013 [not reported elsewhere, note on Westlaw]
This was an application by Ms E for permission to apply to discharge a Civil Restraint Order made against her in the High Court. Ms E had made an urgent application in person to the High Court for a stay of eviction. This had been granted by a High Court judge who was unaware (and not told by Ms E) that she had a CRO against her in the County Court, and ongoing County Court proceedings on the eviction. In fact, the County Court case was due to have a hearing on the same day … Read the full post
I’ve just been reading Ahmed and others v Mahmood and others  EWHC 3176 (QB) (Lawtel only I think) and I’m totally confused. If anyone who was in the case can help, I’d be very grateful.
The defendants lived in a property owned by the claimants. The claimants issued a claim for possession. The defendants unsuccessfully applied to adjourn the trial. The claimants then obtained a possession order. There were outstanding appeals against both the refusal of the adjournment and the possession order.
Notwithstanding those appeals, the case was transferred to the High Court for enforcement. The claimants then filled in the form asking for a High Court Enforcement Officer … Read the full post
A prosecution under s.144 LASPO that came unstuck*
R v D Duputell 31 October 2013 Hove Trial Centre [Read the full post
A question on tenant’s notice to quit, to keep minds occupied during the silly season.
Fareham BC v Miller  EWCA Civ 159. (our report here) states in no uncertain terms that the common law position is that a landlord’s notice to quit is irrevocable once served.
30. As a matter of law it was impossible for the Council to revoke the notice to quit. Once served it was effective to determine the tenancy according it its terms. Even if the Council had made an irrevocable decision not to rely on the notice the tenancy would still have come to an end: see Tayleur v Wildin (1868) LR
… Read the full post
The DCLG has trumpeted a new Guide on Council and Police powers on ‘Dealing with illegal and unauthorised encampments’.
A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim ‘nothing can be done’ about this problem. It follows on from the recently scrapped diversity and equality guidance which discouraged councils from taking enforcement action.
So says the DCLG press release, which also trumpets that ‘New Temporary Stop Notices now give councils powers to tackle unauthorised caravans, backed up with potentially unlimited fines.’
However, the ‘Summary of Available Powers‘ makes clear that the only ‘new’ … Read the full post
3 cases have recently been decided by the ECtHR Chamber
Busuioc v Republic of Moldova  ECHR 684 (16/7/13)
The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State’s failure to protect her and her two children under the provisions of Moldovan national law from domestic violence perpetrated against them over several years by B’s former husband, VB, when they failed to order his eviction from the flat which they occupied together.
The parties had divorced in 2007 but B was repeatedly beaten by VB after their divorce. B’s application to have VB evicted from the flat was heard by the Supreme Court on … Read the full post