Tag Archive for 'Possession'

Estoppel and s.2 – will we find out?

By Francis Davey on 23/12/2011. 0 Comments

In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting and important question about the interaction between estoppel and s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 was therefore put off until trial.

The claimants appear to have been too excited to wait until then (or, more likely, but less poetically, they wanted to avoid the expense of a trial) and so appealed to the Court of Appeal. On Wednesday Stanley Burnton LJ refused … Read the full post

Posted in FLW case note, Mortgage possession, Possession, Trusts and Estoppel and Uncategorized. Tags: , , , , , .

A sorry tale

By J on 10/07/2011. 4 Comments

Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal.

M was the occupier of a property which had been bought by W. Possession proceedings were issued and W obtained an order for possession. M was refused permission to appeal. When M failed to leave the property, a judge attached a penal notice to the possession order. M still refused to leave and was sentenced to 14 days imprisonment (suspended to allow social services to investigate). M then appealed the committal … Read the full post

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

Cleaning Up

By chief on 26/05/2011. 0 Comments

You may recall, almost two years ago now, we reported on the case of Defence Estates v L [2009] EWHC 1049 (Admin), under the title “Something of a mess”. The title was a reference to a comment of Collins J during the course of discussions after his judgment that three House of Lords’ decisions (Qazi, Kay & Doherty) had “left the law frankly in something of a mess”. This comment was subsequently picked up Lord Neuberger in his keynote address to SHLA’s annual conference in 2009. It was Lord Neuberger who then attempted to clean up some of the mess when giving the judgment of the … Read the full post

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

Brave New World or Same Old Story

By chief on 04/11/2010. 28 Comments

Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links)

Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny issue of which is the most important housing law case of all. While bizarre to the outsider, this ritual actually takes the form of a Mornington Crescent-style game, in which the aim is to get to Street v Mountford before somebody plays Puhlhofer and ruins the whole thing. The route to get there varies, although it will normally take in Awua, Pereira, Runa Begum, Din v Wandsworth… Read the full post

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

Remedying immoral use

By Francis Davey on 29/10/2010. 0 Comments

Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the case has wider implications for anyone dealing with relief from forfeiture, particularly where there has been immoral use of the premises.

Patel were the landlords and K&J the tenants. K&J were in breach of their lease in two ways. First a sub-tenant of one of the flats had been using the flat for prostitution — the type example of “immoral user” see Rugby School (Governors) v Tannahill [1935] 1 KB … Read the full post

Posted in Uncategorized. Tags: , , , , , .

Tenants of defaulting mortgagees II

By Francis Davey on 30/09/2010. 3 Comments

Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No. 1809) and changes to CPR 55 and CCR O.26 as a result of the 53rd update to the civil procedure rules.

The new law gives some relief to an assured (whether or not shorthold) tenant (as well as to protected and statutory tenants under the Rent Act 1977) where a mortgage lender who is not bound by the tenancy brings proceedings for possession of the tenant’s home. The tenant has two, alternative, forms … Read the full post

Posted in Mortgage possession and Uncategorized. Tags: , , , .

Tenancy Deposits on Sale and Rent Back on Appeal

By David Smith on 24/02/2010. 4 Comments

UK Housing Alliance v Francis [2010] EWCA Civ 117

This is an appeal from a case in Grimsby County Court which we reported on here. It is also the first Court of Appeal decision to touch on tenancy deposit protection.

Briefly, the case involved a sale and rent back arrangement between UK and F whereby F was granted an Assured Shorthold Tenancy for 10 years. A proportion of the purchase sum was to be held back and would be paid over at the end of the term with a proportional deduction if the tenancy ended earlier than the 10 year point. Ultimately, F fell behind with the rent and … Read the full post

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