- Adverse possession(15)
- Community care(61)
- Housing law – All(1248)
- Mortgage possession(58)
- Tolerated trespasser(49)
- Trusts and Estoppel(42)
- Various (non-housing)(428)
- J on Gonna get myself arrested
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- Service of Section 21 Before Deposit Protection But Within 30 Days | GRL Landlord Association on Early Compliance
- David Smith on Early Compliance
- industry Observer on Early Compliance
- S on Disrepair – counterclaims after possession order.
- Giles Peaker on Disrepair – counterclaims after possession order.
- SS on Disrepair – counterclaims after possession order.
- S Hopkins on Bedroom Tax: Pre 1996 claims exemption.
- Giles Peaker on Bedroom Tax: Pre 1996 claims exemption.
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Category Archives: Possession
The applicants in this case were travellers who were part of a community that had occupied land on a site (known as bois du Trou-Poulet) in the Herblay region of France and had made it their home over a period of 30 years. In 2003, this area was designated a protected conservation area and on April/May 2004, the Local Authority commenced proceedings for the community’s eviction from the land.
Although the applicants received a favourable hearing at first instance, the decision to evict was upheld on appeal. The Courts found that the decision was within the framework of the law, the lengthy … Read the full post
One test for establishing succession to a secure tenancy by a gay partner (not being a civil partner) has been established since Nutting v Southern Housing Group Ltd  EWHC 2982 (Ch). This test is “that the relationship must be openly and unequivocally displayed to the outside world”.
In a possession claim heard at Central London County Court on, I think, 23 January 2014, Brent Council took what one might call a solipsistic approach to the meaning of ‘outside world’.
It is, so far at least, just a County Court case, but is very interesting in terms of approach and issues arising. The Defendant has requested that his name is … Read the full post
Watson v Simpson Croydon County Court 4 October 2012
Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs.
Ms Simpson was a private AST tenant of Mr Watson, whose tenancy had become a statutory periodic one. Mr Watson apparently wanted her out. He served what was described as notice to quit, then began possession proceedings. He did not serve any s.21 Notice (of any sort, vide Spencer v Taylor). The Particulars of Claim were on form N119. There were no particulars of any rent arrears, or other breach, nor was there a claim for use … Read the full post
R (CN) v LB Lewisham; R (ZH) v Newham LBC  EWCA Civ 804
This is a very important decision from the summer. For some reason we haven’t got round to writing it up before now. In the meantime England have managed to retain (yay) and then lose (boo) the Ashes, so it just goes to show that there are worse things in the world than tardy blog writers.
The issue in the two cases is neatly stated by Kitchin LJ at :
“The central issue on this appeal is whether the decisions in Manek and Desnousse continue to bind this court in the light of the decisions of the
Spencer v Taylor  EWCA Civ 1600
This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.
[Update 11/12/13 - Read the full post
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