Eviction: “Sexual, athletic and squeaking noises”

In a case that recalls the ‘unnatural’ noises emanating from Concord, Tyne and Wear, a German Court was faced with a tricky decision in a claim for possession.

the swingThe ground given was that the tenant had installed a ‘very old’ sex swing in 2012. And, despite a clause in the tenancy agreement requiring him to be quiet between 10pm and 7am, the tenant had apparently been determined to make the most of his second-hand purchase. (Or maybe third hand. Yes, I know, it doesn’t bear thinking about.)

The landlord had received multiple complaints from neighbours of “sexual, athletic and squeaking noises” late into the night, and decided to evict.… Read the full post

Odds and Sods

p5rn7vb

A few bits and pieces, none of which are worth their own post, including a couple of updates on old ‘friends’.

First, as you have probably noticed, the blog has had a redesign (yes, another one). There are a couple of reasons for this: partly for a more contemporary, cleaner look, which should hopefully be more pleasant to read; and partly to make the site ‘responsive’, so that it deals with a wide variety of screen sizes. Rather than a separate version for mobiles, the same site is used, with a shortened menu bar. The sidebar and footer elements are below the main text on the mobile screen size.… Read the full post

Arguably Serious – Aster Communities Ltd v Akerman-Livingstone

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the county court.

The Court of Appeal’s finding that Equality Act 2010 cases should, like Article 8 cases, be summarily assessed on the “seriously arguable” test must have come as a shock to those acting in the case. It certainly appears to have come as a shock to the Supreme Court, which granted permission to appeal the very next day.

 

Facts

Mr Akerman-Livingstone had a severe prolonged duress stress … Read the full post

Spencer v Taylor- Some Analysis

We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.

As the solicitor acting for the landlord in the Supreme Court I have had the chance to see rather more of the papers and so a more detailed discussion of some of the points that came out of this would be interesting.

Some Background
The original section 21(4)(a) notice served by the landlord’s original solicitors contained a date that was incorrect. The notice also contained a saving provision of the type approved in … Read the full post

Article 8 and the Private Sector-the Court of Appeal Speaks

In McDonald v McDonald & Anor [2014] EWCA Civ 1049, the Defendant held an assured shorthold tenancy of a property in Witney, Oxfordshire. The tenancy was granted by Ms McD’s parents in breach of the terms and conditions of a mortgage agreement with Capital Homes Ltd (they had not sought the company’s permission to let the property to a family member and they were prohibited under the agreement from letting to a social security claimant). The landlords  fell behind with their mortgage instalments and receivers were appointed to manage the property. The receivers served a s.21 notice on Ms McD and accelerated possession proceedings were brought in the name … Read the full post

More on post possession order disrepair counterclaims

This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge.

Midland Heart Ltd v Idawah [2014] EW Misc B48 (11 July 2014)

In this case, a possession order had been made in November 2002 (apparenly an SPO). There had subsequently been some seven stays of warrant on terms, in 2005, 2008, 2011 and 2012. In February 2014, the Defendant made an application for a further stay of warrant and permission to bring a counterclaim for disrepair, supported by an expert’s … Read the full post

The point of having policies….

A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I’m working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript.

Peabody Trust v Steven Evison (By his litigation friend) Wandsworth County Court 17 July 2014.

Mr E was the assured tenant of Peabody. He had been since after 2000 (date not clear from the note), but had lived in the property since 1981, when his father took the tenancy from Peabody, so had lived there for 33 years.

In 2012, Mr E’s rent account … Read the full post

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