Tag Archive for 'Possession'

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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: , .

How did this happen?

By J on 05/02/2010. 0 Comments

…. or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 – Lawtel note only

The claimant, as trustee in bankruptcy of the respondents sought an order for possession and sale of what I presume was the family home. At trial, the judge granted a possession order and an order for sale. The order was, however, suspended on terms that the respondents pay the bankruptcy debt and costs, which the trial judge fixed at just over £25,000.

The trustee applied for a review of … Read the full post

Posted in FLW case note and Possession. Tags: , , .

Tenancy Deposit Protection on Sale and Leaseback

By David Smith on 29/01/2010. 5 Comments

UK Housing Alliance (North West) Ltd v Michael John Francis, Grimsby County Court, 18 June 2009, unreported

An interesting case this involving issues of tenancy deposit protection, contractual penalties and the Unfair Terms in Consumer Contract Regulations 1999.

UK purchased a house in Grimsby from F in October 2007. They let it back to him on an Assured Shorthold Tenancy for a term of ten years at a rental of £520.83 pcm with annual increases of 5%. The purchase price was £125,000 to be paid in two tranches – the first, in the sum of £87,500 to be paid on completion while the second, of £37,500, on the giving up … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Possession. Tags: , , , , .

Unwelcome in the valleys

By NL on 14/09/2009. 0 Comments

While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman’s decision Complaint against Cardiff CC 200702358 [pdf]

Mr Davies and Miss Brown complained about Cardiff Council’s failure to deal with noise nuisance and threatening behaviour from Mr Williams over a period of some years. All parties were Council tenants, Mr Williams lived in the flat below the complainants.

The Council’s failure to deal with Mr Williams had been the subject of a previous Ombudsman’s report in 2007 (200501496/7/8), which had made extensive recommendations on Cardiff’s handling of ASB. Mr Williams had been transferred, but to a nearby flat, in the course of … Read the full post

Posted in ASB, Housing law - All, Introductory and Demoted tenancies, Possession and secure-tenancy. Tags: , , , , .

Of Car Parks, Caravans and Councillor's commitments

By NL on 13/09/2009. 0 Comments

The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099

This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of estoppel didn’t.

Two Traveller families, the Joyces and the McDonaghs, had been camped on the car park at Swansea Enterprise Park, on various parts over the years (about 20). The car park was used as an overflow for events at the nearby Liberty Stadium. The Council had the freehold for the Enterprise Park. In May 2007, the Council sought to get the Joyces and McDonaghs to move … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers 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: , , , .

"Unauthorised tenancies": New Consultation

By Dave on 05/08/2009. 9 Comments

I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on “unauthorised tenancies” I jumped at the opportunity to post on it.  It’s a beautifully produced document with lots of pictures, about a small but immensely important issue: a borrower, in breach of the mortgage conditions, creates a tenancy of the property; during the currency of that tenancy, the lender takes possession proceedings (or just possession, eg voluntarily); the lender, on standard principles of property law, is not bound by the tenancy; but what should happen to a borrower’s “tenants” who can otherwise be evicted on short notice?  Francis’ excellent … Read the full post

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