Category Archives: Possession

All possession related posts

Housing and Human Rights Round-Up Pt 1

Winterstein v France 17/10/13 (judgement in French only)

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

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‘We are the world’- Brent LBC

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 [2004] 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

Also posted in FLW case note, Housing law - All, secure-tenancy, Succession | | 12 Comments

Paying the cost.

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

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Out of order

R (CN) v LB Lewisham; R (ZH) v Newham LBC [2013] 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 [2]:

“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

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Also posted in FLW case note, Homeless, Housing law - All, Licences and occupiers | | 1 Comment

The Permissive Notice

Spencer v Taylor [2013] 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

Also posted in Assured Shorthold tenancy, FLW case note, Housing law - All | | 79 Comments

Allocation, Allocation, Allocation

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

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