- Adverse possession(16)
- Community care(62)
- Housing law – All(1300)
- Mortgage possession(62)
- Tolerated trespasser(49)
- Trusts and Estoppel(42)
- Various (non-housing)(439)
- Giles Peaker on Deposit scheme – a new wheeze
- CJ on Trouble out west
- dave on Trouble out west
- Sara on Deposit scheme – a new wheeze
- kjetilniki on Mortgage possession defences
- Chris Maynard on Mortgage possession defences
- Giles Peaker on Make do and mend: Undoing Superstrike on deposits
- William Noad on Make do and mend: Undoing Superstrike on deposits
- DavBag on Reforming a bad policy, badly.
- Bill Heywood on Reforming a bad policy, badly.
Visits in 2014281713
Category Archives: Possession
Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how what because s.144 would interact with statute and case law on adverse possession. Now we have an answer (at least pro tem)
Best v The Chief Land Registrar & Anor  EWHC 1370 (Admin)
The brief facts asserted by Mr Best where that he had noticed an empty and vandalised property while working on a property next door in 1997. He had been told that the owner had died and that a son had not been seen for years.
… Read the full post
Mr Best entered
God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site.
Ghana Commercial Finance Ltd v Sawyer & Anr  EWCA Civ 489 [Not on Bailii yet. I've seen a transcript].
Ghana Commercial Finance is one of Mr Ghopee’s companies (See here and here and here and here for coverage of Mr Ghopee AKA Mr Gopee ). Mr Ghopee was and is director and controller of a large number of companies which had been making loans without a consumer credit licence or, in some few instances with a licence but … Read the full post
Blake and others v LB Waltham Forest  EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.
The soup kitchen has been providing hot meals and refreshments to local homeless people on a nightly basis for the past 25 years and it has occupied its current site for the last 20 years. The Council issued its decision to terminate the kitchen’s licence on 17/4/13 as part of its urban regeneration programme. There were also concerns that the site had become … Read the full post
Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion). Can a counterclaim for disrepair be brought after a possession order is made?
Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.
Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don’t need a proportionality assessment.
Now, as you’ll all know, there is a line of European Cases, starting with McCann v UK, taking in Zehentner v Austria and meandering through a range of Croatian cases (Blecic, Orlic, Cosic, etc – see generally, here), which have stated that:
… Read the full post
the loss of one’s home is a most extreme form of interference with the right to respect for the home. Any person at risk of an interference of this magnitude should in principle
The flexible tenancy, that marvellous and oxymoronic invention of the Localism Act, is now in place and in use by a number of Councils. The last time I considered flexible tenancies it was largely about how they were created and how they were terminated at the end of the fixed term (there was also this CPDCast. Which may or may not still be free).
Now, given that they exist, and given that people will do things like get into arrears or cause a bit of a nuisance, before the end of their fixed term, it is time to have a look at how flexible tenancies can be ended during … Read the full post