Tag Archive for 'mandatory possession'

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Hey, you asked 2

By NL on 13/04/2008. 0 Comments

More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice.

what does mandatory possession mean

It means that if the ground is successfully made out, the court has no option but to grant an outright possession order, no matter what the circumstances.

possible defences for a tenant of rent arrears the mandatory ground housing law

Presumably ground 8. There aren’t many defences. The list is:

  • technical defences (Notice not served or technically inadequate, claim doesn’t contain required details

    • … Read the full post

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

S v Floyd and a disability defence

By NL on 27/03/2008. 0 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

This post started as a response to a detailed comment by David Giles, Counsel for Floyd in S V Floyd, on my case report. But his comment and the report by Michael Paget mentioned in my last post – to the effect that Floyd contained a clear rejection of the … Read the full post

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

Disability discrimination – the comparator

By NL on 20/01/2008. 0 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

Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I want to address who is the … Read the full post

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

What do we do with a problem like Ground 8?

By NL on 28/12/2006. 5 Comments

To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. It forms one of the major differences between an assured tenancy (typically Housing Association/Registered Social Landlord) and a secure tenancy (typically Local Authority). As the wholesale transfers of local authority housing stock and tenancies to Housing Associations continue, not wholly uncontested, these differences become increasingly significant.

Ground 8 works quite simply. For the average weekly tenancy, it goes like this: 8 weeks rent arrears at the the time of the service of the Notice Seeking Possession and 8 weeks rent arrears … Read the full post

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