Possession claims by trustee in bankruptcy

Garwood v Bolter & Anor (2015) Ch D 18 November 2015 (Not on BAILII. Note of extempore judgment on Lawtel) I’m working off the lawtel note, which in some (many) respects doesn’t entirely make sense. I’ll try to flag the bits where I am ‘interpreting’. This was an appeal arising from a claim for possession […]

On having a petard and being hoist by it

Toogood v McCourt and others Medway County Court, 6 November 2015 Mr Toogood is a landlord of some 200 properties and runs the Student Lettings Agency in Canterbury. The Defendants were the parents (and guarantors) of three students of five who had had tenancies in a house from Mr Toogood. The tenancies were for, I […]

Deposits, dog hairs, doors and defamation

Owens & Anor v Grose & Anor [2015] EWHC 839 (QB) As if tenancy deposits weren’t complicated enough, now we can add libel claims to the consequences of a heated deposit dispute. It turns out that sending potentially libellous accusations to the deposit scheme adjudication service is possibly covered by qualified privilege. Mr & Mrs Grose […]

Vulnerability after Hotak – first High Court case?

R (on the Application of Omar) v Wandsworth LBC, (2015) QBD (Admin) (Ouseley J) 11/11/2015 (not on Bailii yet, note of extempore judgment on Lawtel). A tantalising lawtel note on what appears to be the first higher court decision on vulnerability after Hotak/Johnson/Kanu. The actual wording of the judgment would be interesting to know. Ms O […]

Who got the dogs out?

Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch) This was a part – surely now the end part – of a long running saga of a mortgage possession and sale. The novel (if unsurprising) point of law concerned the ‘Ors’ in this claim. You will have to read on […]

Eviction and High Court Enforcement

A couple of recent cases have highlighted the issues involved in transferring County Court possession orders to the High Court for enforcement by High Court Enforcement Officers. This is done by landlords, by and large, to bypass the wait for a county court bailiff appointment, but also has the effect (not unwelcomed by some landlords, […]

Cities behaving badly and other bits

A remarkable note on the Community Law Partnership site sets out what may possibly amount to a mass unlawful eviction of secure tenants by Birmingham City Council. Birmingham CC have been using High Court Sheriffs for evicting secure tenants after a possession order. This is often quicker than county court bailiffs and importantly, there is […]

Over egging it.

NJ Rickard Ltd -v- Holloway (CA 03/11/2015) (Lawtel note of extempore judgment only so far) Sometimes winning isn’t enough… A cautionary tale, in all sorts of ways. This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The […]

Human Rights and Homelessness Update

It is hard to believe that nearly 6 years have elapsed since the Supreme Court heard the appeals in Ali and others v Birmingham CC (our note here), where the Court decided that a decision on a homelessness application involving a dispute of fact was not a determination of a civil right under Art 6(1) […]

Affordability and intentionality – adding it up

Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent). There was a […]