Tag Archive for 'mandatory possession'

You gotta have an opinion

By chief on 24/02/2011. 24 Comments

Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8

[This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We've also ended up writing this as something of a tag team. Chief did most of it and starts us off.]

Sometime ago Dave opened the door to Tarantino references in relation to the vexed issue of Art.8 of the ECHR and possession proceedings. In his post on Zehentner v Austria he pointed out that, just as American hitmen consider that European fast food chains do certain things rather differently, so the appellate courts in England and … Read the full post

Posted in FLW case note, Housing law - All, Introductory and Demoted tenancies, Licences and occupiers and Possession. Tags: , , , , , .

Dear Mr Shapps

By NL on 11/01/2011. 18 Comments

My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one.

You announce that you:

will introduce a new additional mandatory ground for possession, so those tenants with a track record of anti-social behaviour can be evicted from their council or housing association property much more quickly.

Ministers believe this will lead to a faster and fairer courts process – being found guilty of housing related anti-social behaviour in one court will provide automatic grounds for eviction in the county court, removing

… Read the full post

Posted in ASB, FLW article, Housing law - All, Possession and Regulation and planning. 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: , , , .

Shared Ownership – Midland Heart with benefit of transcript

By NL on 24/09/2008. 20 Comments

The earlier post on this shared ownership possession case, Richardson v Midland Heart Ltd, (November 2007 Birmingham) attracted a lot of comment, some of it excitable and ill-informed (and much of that from me). Nearly Legal now has a copy of the judgment, and the benefit of time and reflection to go on.

Before we start, this was a County Court case, and apparently the appeal in this case is due to be heard on 5 & 6 November 2008. Also, apparently Midland Heart has not made the ‘voluntary payment’ of initial premium less arrears and costs (so not a lot) that was touted in previous press reports. (Thanks … Read the full post

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

Lack of ownership in shared ownership

By NL on 12/09/2008. 19 Comments

[Edit 15/09/08. It now looks like the following judgment is a) being appealed shortly and b) may only have been a County Court judgment, not High Court - this latter point is not clear but reliable sources say County Court]

[Edit 18/09/08.  In the comments to this post, a few people, mostly being me, were wondering why any lender would touch shared ownership if their security could vanish this way. I've had a look at a few shared ownership leases now. They typically carry a clause requiring the landlord to notify the lender of any forthcoming possession/forfeiture proceedings for rent arrears. So the lender has the opportunity to pay off … Read the full post

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

Comments on Malcolm in the Lords

By NL on 29/06/2008. 65 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

Oh dear, oh dear. That could have gone better.

I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are … Read the full post

Posted in FLW case note, 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: , , , , .
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