Archive for the 'Unlawful eviction and harassment' Category

Shaken and Stirred

By NL on 16/10/2011. 0 Comments

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804

We missed this one when it came out in July 2011. Not sure why – sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an adjoining property. The appeal is worth looking at on issues of quantification of damages for trespass and the foreseeability of personal injury.

Jones and Lovegrove owned a 3 storey terrace at 105 Lower Thrift Street. Mr & Mrs Ruth owned 103 and 101 Lower Thrift Street, both originally two storey terraces. Between 2002 and 2007, the Rs gutted and rebuilt … Read the full post

Posted in Disrepair, FLW case note, Housing law - All, Nuisance and Unlawful eviction and harassment.

On legal aid and letters pages: bits from last week

By NL on 11/09/2011. 14 Comments

Some bits and pieces from the last week that didn’t quite fit in elsewhere.

First – developments in the Legal Aid, Sentencing and Punishment of Offenders Bill.

At the committee stage a large number of amendments were tabled, both by the Government and by the opposition. The opposition amendments would have introduced a revised definition of domestic violence, in line with Yemshaw, and brought benefits and debt advice back within scope.

All the opposition amendments fell. The Government amendments make three changes, described by the MoJ as follows:

The first change disapplies the exclusions for trespass to land, trespass to the person, trespass to goods, damage to property and

… Read the full post

Posted in Disrepair, FLW article, Housing law - All, Possession and Unlawful eviction and harassment. Tags: .

That’s not the way to do it

By chief on 12/08/2011. 0 Comments

Zolotareva v Russia (App. No. 15003/04)

With a hat-tip to the Garden Court bulletin, here is a decision of the European Court of Human Rights on the enforcement of an eviction. Ms Zolotareva lived in a municipally owned flat with her son, ex-daughter-in-law and grandchild. She thought that could no longer all live together (I refer you to the “ex” in the last sentence and possibly also the “in-law”) and commenced proceedings for the eviction of her son’s ex-wife. She in turn counter-claimed, asking the court to order that they all get rehoused elsewhere.

The court sided with the ex-wife and ordered not only that she and her … Read the full post

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

Tenancy deposit penalties awarded!

By NL on 01/08/2011. 1 Comment

There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which – astonishingly, given the recent history of High Court and Court of Appeal decisions – the tenant was awarded the penalty. We have said before that it would now be a somewhat incompetent landlord who would be caught by a claim. You can draw your own conclusions from the facts of these cases. The way in which Hashemi is distinguished in the first of these cases is interesting, but perhaps unlikely to be of general application

First, in the High Court:
Suurpere v Nice & Anor [2011] EWHC … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All, Possession and Unlawful eviction and harassment. Tags: , , .

A Not So Unlawful Eviction

By David Smith on 04/07/2011. 4 Comments

R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII

This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads:

Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
and (in

… Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: .

Cock up, not conspiracy…

By NL on 26/04/2011. 2 Comments

Allen v Southwark LBC [No.2] [2011] EWCA Civ 470

I haven’t been able to find a report on this case, save for a note in the Garden Court Housing Law Bulletin for 26 April 2011. If anyone has a transcript, we’d be very keen to see it.

This looks like the end for Mr Carlos Allen’s claim against LB Southwark for harassment. You may recall that, back in November 2008, Mr Allen won his appeal of Southwark’s strike out application in the Court of Appeal (our report here).

The substance of Mr Allen’s claim was that in repeatedly issuing possession claims against him, each of which was … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy and Unlawful eviction and harassment.

Unlawful eviction quantum – assault and expulsion

By NL on 07/03/2011. 5 Comments

The usual hat tip to ‘recent developments in housing law’ in Legal Action for this one, and also Mick O’Sullivan at Avon and Bristol Law Centre.

Boyle v Musso, Bristol County Court 25/10/2010

Mr Boyle was an assured shorthold tenant. There had been a dispute with the landlord, Mr Musso about Mr B withholding rent due to flooding in the property. Soon afterwards, in October 2008, Mr M came to the property with another man. Mr B was punched to the ground by Mr M and both men then stamped on him.

Mr M was convicted at Bristol Magistrates of assault occasioning actual bodily harm, with a 24 week … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Unlawful eviction and harassment.
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