Archive for the 'Unlawful eviction and harassment' Category

Page 3 of 5

Farming today

By J on 01/02/2010. 3 Comments

Kakas v Farmer, Court of Appeal, 29.1.10 (extempore judgment, only available as a lawtel note)

Section 27, 1988 Act creates a statutory tort of attempting or actually depriving a residential occupier of his occupation of some or all of the premises. Importantly (and subject to a very minor exception in s.27(7)(b), 1988 Act), the tort only bites if the occupier is not re-admitted.

By s.27(8), 1988 Act, it is a defence if the landlord can show that he believed and had reasonable grounds for believing that inter alia, the tenant had ceased to reside at the property. In addition, by s.27(7), 1988 Act the court has a … Read the full post

Posted in Uncategorized and Unlawful eviction and harassment. Tags: .

Catching up with LAG

By NL on 16/01/2010. 6 Comments

The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…

Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a s.21 Notice on 12 June 2008. On 2 July 2008, the landlord received the payment of the deposit from Barnet Council, which had agreed to pay the deposit on Mr Hill’s behalf, and the deposit was protected on 7 July 2008. Some time later Mr O’Brien brought accelerated possession proceedings relying on the … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Deposits, Disrepair, FLW case note, Housing law - All, Introductory and Demoted tenancies and Unlawful eviction and harassment. Tags: , .

Disrepair miscellany

By NL on 13/12/2009. 1 Comment

The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.

We’ve covered most of the cases here, but there are some others that are well worth a mention…

Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 for personal injury from a fall supposedly due to moss or slime on the front steps to the property. At first instance, presence of the moss was held not to be a breach of the landlord’s S.11 duties. The Claimant’s appeal to the Court of Appeal (or possibly the application for permission) … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Disrepair, FLW case note, Housing law - All, Leasehold and shared ownership, Nuisance, secure-tenancy and Unlawful eviction and harassment. Tags: , , .

Unlawful eviction quantum again

By NL on 13/12/2009. 5 Comments

Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009.

The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction.

Mr A rented a room in a shared house from Mr K for £75 per week in January 2009. He paid £150 deposit and £150 advance rent. He shortly thereafter lost his job and told Mr K that he could not pay his rent nd was not eligible for HB. Mr K gave him a week to find work, then a further week, after which he would have to get out. An LA tenancy relations officer informed Mr K by letter that … Read the full post

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

Unlawful Eviction Quantum – from Legal Action

By NL on 19/10/2009. 2 Comments

Hunt v Hussain, Epsom County Court 31 July 2009 (LAG housing law updates October 2009)

As ever, the Legal Action housing law updates have some useful cases, this from the October 2009 issue. This is another of the reports on County Court judgments on unlawful eviction and harassment cases that are very useful in assessment of quantum.

Mr & Mrs Hussain were freehold owners of a house. Mrs Hussain granted Mr Hunt an assured shorthold tenancy of a room in May 2003 at £90 pw.

Mr Hunt lost his job and applied for housing benefit. Mrs Hussain told him he would have to leave. Despite a warning from the … Read the full post

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

Bits from August LAG 2: Unlawful Eviction damages

By NL on 13/08/2009. 6 Comments

The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.

Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared kitchen and bathroom. The rent was £60 pw. In November 2007, the landlord – Mr Iqbal – told Mr Abbas he would have to leave as the property was to be converted into flats. In April 2008 a written notice was served, to leave within two weeks. The notice was defective and invalid. … Read the full post

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

Illegal eviction and the police: Got a story?

By NL on 13/08/2009. 0 Comments

Following on from the spate of comments on this post, we have been contacted by a (thoroughly reputable) journalist who would like to write a piece on illegal eviction and, in particular, on police responses and awareness. She is looking for first hand or direct accounts of experiences of police involvement in the course of an illegal eviction. Anyone who would like to make contact — no commitment — please send us an email at the usual address (contact at nearlylegal.co.uk ) and we’ll forward it on.… Read the full post

Posted in Housing law - All and Unlawful eviction and harassment. Tags: .
row of sheds footer image
5 pages