Tag Archive for 'illegal eviction'

On crowbars and considered conduct

By NL on 09/02/2011. 2 Comments

Strydom v Fowler. Brentford County Court 24 November 2010

A County Court case involving possession, unlawful eviction, trespass and Housing Act 1988 s27 and s28. Our thanks (as ever) to the Legal Action ‘Recent Developments in Housing Law’ for this one.

Mr F was the assured shorthold tenant, on  what had become a statutory periodic tenancy. The landlord was Mr S. Mr F built up rent arrears, eventually agreed at £2189, after the deduction of the deposit. On 16 May 2008, Mr S began possession proceedings, alleging rent arrears and damage to the property. At about this time, Mr F texted Mr S saying  that he would be ‘out in two … 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

By NL on 11/07/2010. 4 Comments

Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010)

The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They either do nothing, saying that it is a civil matter, or on occasion remove keys from the tenant. In this case, reported in July’s Legal Action Housing Updates, for which many thanks, the police did take further steps. Unfortunately, they took steps in entirely the wrong direction and ended up paying for it.

Mr Naughton had been occupying a property for some 15 months. In March 2006, Ms … Read the full post

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

A bumper pack of unlawful eviction – updates from Legal Action

By NL on 15/06/2010. 3 Comments

In the second post of County Court cases you will already have read in June’s Legal Action Housing updates, we turn to unlawful eviction and harassment. And it appears to have been a rich few months in this regard, with no fewer than five cases to note.

Fakhari v Newman, Woolwich County Court 07/01/2010
Mr F granted Mr N a one year AST in May 2008. Monthly rent of £985 and one months rent taken as deposit. The deposit was not protected. The boiler in the property had problems from the start and broke down completely in December 2008. Mr N was without heating and hot water until … 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: , , , .

Unlawful Eviction and Harassment quantum

By NL on 15/05/2009. 0 Comments

The May edition of Legal Action’s housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009.

Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears.

The landlord and his sons interrupted the electricity supply and turned off the central heating. They cut telephone line. The landlord attended the property and verbally abused Ms Khan.

On 10 May 2008, one of the landlord’s sons entered the property and began removing the tenant’s belongings. The police were called and in their ever helpful way with unlawful evictions, assured Ms Khan … Read the full post

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

Emergency remedial action

By Francis Davey on 05/05/2009. 0 Comments

In Luton Borough Council v Universal Group we have the first (and almost certainly last) decision of the Lands Tribunal under the Housing Act 2004 on appeal from a Residential Property Tribunal (or RPT).

15-17 Chapel Street, Luton is (or was) consisted of a night club on the ground floor and 11 storeys of 13 residential flats rising above it. The electricity and water supply to the building had been cut off by the landlord (according to their evidence because there had been a major water leak in the building). The local fire service had also expressed some concern — according to the landlord because the fire alarm for the … Read the full post

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

Bits from LAG and nuisance & Art 8

By NL on 06/04/2009. 12 Comments

There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal case on nuisance and Art 8 infringement that we had somehow missed from January and which isn’t discussed at length in LAG.

Southwark LBC v Jackson and Jackson, Lambeth County Court 27 January 2009
Mr & Mrs Jackson were elderly joint secure tenants. Mr Jackson had died, leaving Mrs Jackson as sole tenant. … Read the full post

Posted in FLW case note, Housing law - All, Nuisance, Possession, secure-tenancy and Unlawful eviction and harassment. Tags: , , , , , , , , , .
row of sheds footer image
2 pages