Category Archives: Possession

All possession related posts

Approximate grounds

Masih, R (on the application of) v Yousaf [2014] EWCA Civ 234

When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be?

In this case, reaching the Court of Appeal via a slightly convoluted route as an appeal  of an order refusing permission to appeal out of time, the issue was the wording used in the s.8 notice setting out Ground 8.

Ms M was the assured shorthold tenant of Mr Y. There were rent arrears, a shortfall between the LHA payable and the rent. Mr Y served a notice under s.8 … Read the full post

Also posted in Assured Shorthold tenancy, assured-tenancy, FLW case note, Housing law - All | | Tagged | Leave a comment

Tweets from rented rooms

A series of tweets gathered under the hashtag #LDNlandlord today (Thursday 15 May) offered an insight (if one were needed) into the state of the London private rental market. For the housing lawyer, it was also a opportunity to play claim/offence bingo.

So, under disrepair…

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Also posted in Assured Shorthold tenancy, Deposits, FLW article, Housing law - All, Unlawful eviction and harassment | | Leave a comment

Adverse possession through criminal trespass

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 [2014] 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.

Mr Best entered

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Also posted in Adverse possession, FLW case note, Housing law - All | | Tagged , | 4 Comments

Oh Mr Ghopee.

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 [2014] 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

Also posted in FLW case note, Housing law - All, Mortgage possession | | Leave a comment

Spoiling the Broth

Blake and others v LB Waltham Forest [2014] 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

Also posted in Housing law - All, Licences and occupiers | | Leave a comment

Disrepair – counterclaims after possession order.

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.

Rahman v Sterling Credit Ltd [2001] 1 WLR 496 [Also on Bailii] … Read the full post

Also posted in assured-tenancy, Disrepair, FLW article, Housing law - All, secure-tenancy | | Tagged , | 16 Comments
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