Tag Archive for 'Tolerated trespasser'

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Friday News round-up

By NL on 04/04/2008. 0 Comments

The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government.

Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in general for ground 8 where housing benefit delay or failures have meant that some rent is in arrears, providing that the delay or failure is ‘not referable to any wilful act or omission of the tenant’. I can see a lot of cases on ‘wilful’, right off.

In moving the new clause on tolerated trespassers, The Junior Housing Minister Iain Wright said:

The new clauses and

… Read the full post

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

HLPA almost live.

By NL on 26/03/2008. 0 Comments

As an experiment, nearly live blogging from the HLPA AGM fell foul of having my mobile turned off. So this is ‘on the way home from HLPA’ blogging instead. Useful talks on Housing Benefit, particularly on the new Local Housing Allowance, in force from 7 April.

Also news that the draft Housing bill due for passage in the autumn contains retrospective provision that all tolerated trespassers still in occupation would gain `replacement` tenacies, and that the Courts would be given discretion to allow either landlord or tenant to claim on breaches of tenancy agreement during the retrospective period of trespasser status. So historic disrepair would be in! No word on … Read the full post

Posted in Benefits, Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , , .

Nothing for the weekend

By NL on 20/03/2008. 0 Comments

It is about time for a break – 13 detailed posts in the last two weeks, coupled with a frantic time at work, has left me lacking oomph, as devoid of oomph as an omphless thing on a bad day. So there will be nothing more here until after the holiday weekend.

Meanwhile, James Stark of Garden Court North has put up a briefing note on the rejection of Payne v Cooper in Porter v Shepherds Bush (he is not happy). Hat tip to Tony Fearnley.

And if you are in search of further housing goodness, a new blog has just started up. Housed is by the person who has … Read the full post

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

Payne-less

By NL on 19/03/2008. 0 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .

Oh for heaven's sake!

By NL on 19/03/2008. 0 Comments

So, I have a very busy day, with no time for any considering of judgments. Nonetheless, I am puzzling over the import of a couple of recent decisions for some clients. Then, on the way home, scanning printouts of the cases, what does my mobile’s web browser reveal to me? Two significant Court of Appeal judgments are out.

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196  on permanent trespassers and Payne v Cooper. Dramatic stuff.

S v Floyd [2008] EWCA Civ 201 (18 March 2008) on DDA and mandatory possession orders. Less dramatic, I think, but some interesting points.

Can’t the higher courts sort out a regular … Read the full post

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

Permanent trespassers – a fan letter

By NL on 05/03/2008. 8 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

A very interesting case report and article by James Stark of Garden Court North in the current Legal Action (March 2008) presents a possible solution … Read the full post

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

Time limitation on disability discrimination defence?

By NL on 19/02/2008. 0 Comments

This is definitely a specialist question, for which I seek housing people’s opinions.

A semi-hypothetical situation:

A suspended possession order made against the client, a secure tenant, two years ago on grounds of rent arrears. Client didn’t attend hearing. Client had contact with mental health services at the time, but it is now clear, on expert’s report, that the client has for some time, including the relevant period, suffered from serious mental health problems and that these are, at the least, related to the the accrual of rent arrears (benefit problems).

Post Malcolm, or even post Romano, there is a prima facie case for an application to set … Read the full post

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