Tag Archive for 'ground 8'

Rent arrears management – boring title, excellent report

By J on 10/03/2010. 0 Comments

Is it too much to hope that – finally – the Government might take steps to ameliorate and / or prevent the use of Ground 8?

During the passage of the Housing and Regeneration Act 2008, the Government gave a commitment to look again at the use of inter alia, Ground 8 in the social housing sector.

A group of scholars was assembled for this purpose: Pawson, Sosenko, Cowan, Croft, Cole and Hunter and, they have now reported. I suggest everyone reads “rent arrears management practices in the housing assocation sector” because, frankly, it is an impressive piece of work, detailing historic, current … Read the full post

Posted in Allocation, Assured Shorthold tenancy, assured-tenancy, Benefits, FLW article, Housing law - All and Possession. Tags: , , .

L & Q Change Practice on Ground 8

By Dave on 13/08/2009. 0 Comments

News has come our way (circuitously) of a change in practice by London and Quadrant on the use of Ground 8, the mandatory ground for possession on the basis of rent arrears in respect of assured tenancies, from 01 August. Apparently, they will now only use it in “exceptional circumstances” (eg abandonment). Maybe others will follow … and it will be interesting to see how this chimes with the TSA research on the use of Ground 8 which should be completed by now.… Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , .

Request for info – Ground 8

By NL on 25/11/2008. 0 Comments

Ah, Ground 8. How we love it.

We have been asked by some researchers, who are investigating housing association rent arrears management as well as their use of Ground 8, if readers would get in touch with them if they have experience of RSLs using Ground 8 and in what circumstances it is used.  The independent researchers have been asked by the Housing Corporation/Tenants Services Authority to find out particularly about the use of Ground 8 by RSLs as opposed to the use of other grounds for possession, as well as other rent arrears management strategies which might be adopted by RSLs.  They would be particularly interested in any anecdotal … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , .

Comments on Weaver

By NL on 29/06/2008. 2 Comments

Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin).

Ground 8 and Legitimate Expectation

First the substantive ground of challenge – that the use of Ground 8 mandatory possession claims by L&Q Housing Trust amounted to breach of the claimant’s legitimate expectation and/or convention rights.

This was based upon LQHT’s terms and conditions, which said that they would comply with the Housing Corporations regulations and guidance. Housing Corp guidance says that ‘before using Ground 8, associations should first pursue all other reasonable alternatives to recover the debt’. The … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , .

L&Q v Weaver flash

By NL on 24/06/2008. 8 Comments

Judgment just out

Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin)

Full notes tomorrow, but the headline is:

L&Q is a public authority in its housing function for the purposes of Judicial Review.

Use of ground 8 possession claims is not a breach of legitimate expectation.… Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , .

Friday News round-up

By NL on 04/04/2008. 0 Comments

The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government.

Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in general for ground 8 where housing benefit delay or failures have meant that some rent is in arrears, providing that the delay or failure is ‘not referable to any wilful act or omission of the tenant’. I can see a lot of cases on ‘wilful’, right off.

In moving the new clause on tolerated trespassers, The Junior Housing Minister Iain Wright said:

The new clauses and

… Read the full post

Posted in assured-tenancy, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .

DDA and mandatory possession

By NL on 20/03/2008. 5 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord.

In some ways, there is nothing particularly surprising in the case – the Court found that … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , .
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