Archive for the 'Possession' Category

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Rumour has it…

By J on 29/02/2012. 4 Comments

Keep your eyes out for Khela (by his LPA receiver) v Dainter, Birmingham County Court, 29.2.12, which HHJ McKenna has just transfered into the Court of Appeal.

It’s an appeal against a s.21 possession order made under the accelerated procedure in which Ms Dainter argues that she should have been allowed to raise an art.8 defence. The DJ held that there was no need to consider personal circumstances / proportionality but granted permission to appeal. HHJ McKenna, noting that the interaction between art.8 and the private sector had been left open in Pinnock, has sent the case to the CA for them to have a go with.

More … Read the full post

Posted in FLW case note, Housing law - All, Possession and Uncategorized.

Glad To See Y’Back Again?

By chief on 19/02/2012. 0 Comments

Gladysheva v Russia (App. No. 7097/10)

Courtesy of the always excellent ECHR blog, comes an interesting Strasbourg decision, particularly in relation to the question of just satisfaction. It has, regrettably, taken me ages to write this up. Any students who have had to write essays about it in the meantime clearly have sadistic tutors.

The facts of the case bear some similarity with Tuleshov v Russia, but there are a few differences and what is quite interesting about this case is what the ECtHR does about just satisfaction.

The basic facts are that Ms Gladysheva was a bona fide purchaser of a flat in Moscow. The previous owner … Read the full post

Posted in FLW case note, Housing law - All, Possession and right-to-buy. Tags: , , .

Successful gateway (b) defence!

By Dave on 14/02/2012. 6 Comments

London Borough of Southwark v Hyacienth 22.12.2011 is that incredibly rare, beautiful thing: a successful gateway (b) defence to a mandatory possession claim in relation to an introductory tenancy.  At least, I think it is: unfortunately, it’s not clear whether it is a successful proportionality defence, and the circuit judge (who shall remain nameless as a result) also confuses gateway (a) and (b).  [The relationship between proportionality and gateway (b) seems to me to be an interesting question and one which I've had a bit of a battle with an anonymous academic reviewer about, but that's another story].  But, so what; and thanks to David Thomas, Ms Hyacienth’s solicitor, for … Read the full post

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

“I could be a lawyer with stratagems and ruses”*

By NL on 29/01/2012. 0 Comments

Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the solicitors then have to pay and, no matter how much or how little, that rips shreds out of the very essence of their being.

Threats to pursue wasted costs tend to be waved around rather too often by some solicitors, perhaps overly convinced of their own rightness. Usually what is at issue is actually a valid point of dispute. Personally, I think these threats tend to backfire, at least if the recipient is reasonably sure that an application would fail. Nothing shrieks of a lack of strength in a position … Read the full post

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

Proportionality and stay of eviction

By NL on 22/01/2012. 2 Comments

One of the questions posed as a result of Hounslow LBC v Powell [2011] UKSC 8 [our report here] is what happens if a proportionality argument is raised after a possession order has been made, but before eviction.

Powell found that s.89 Housing Act 1980, which limits the time for a stay of possession order to a maximum of 6 weeks, was compatible with Article 8. So, once a possession order has been made, does the court have any discretion to revisit or extend a period of stay beyond 6 weeks?

Ngesa v Crawley BC [2011] EWCA Civ 1291 [Not on Bailii yet] addresses this issue, though perhaps … Read the full post

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

When is a warrant executed?

By NL on 21/01/2012. 1 Comment

Royal Bank of Scotland v Bray Halifax County Court 25 November 2011

At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case, but the Court’s decision is clear and supported.

Mrs Bray’s home was mortgaged to RBS. RBS had obtained a possession order and had obtained, then withdrawn 5 previous warrants. RBS got a further warrant. Before the eviction date Mrs B wrote to RBS offering to clear the arrears at lunchtime on 18 November 2011 as she had sold her car and … Read the full post

Posted in FLW case note, Housing law - All, Mortgage possession and Possession. Tags: , , .

Full of Sound and Fury…

By NL on 19/01/2012. 1 Comment

Signifying nothing*

(*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.)

The much trumpeted Wandsworth riot related eviction has stalled even before possession proceedings were issued. According to a press release from Liberty, following a meeting with the tenant’s legal representatives (the tenant is represented by Liberty), LB Wandsworth agreed not to bring proceedings.

If you recall (and here is our very first take on the matter, written on the day of the press release and subsequent service of Notice Seeking Possession by Wandsworth), the son of the tenant was charged with riot related offences. The son has now been sentenced … Read the full post

Posted in ASB, FLW case note, Housing law - All, Possession and secure-tenancy.
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