Of online courts and unified enforcement

Lord Justice Briggs’ final Review of the Civil Court Structure has been published. The main part of the report is of course the proposals for the new ‘online court’ – a costs free and litigant in person form of tribunal, heavily aimed at forms of ADR. The news for housing is that there is now […]

Facing the Facts

R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications. Ms Hoyte is a 58 year old woman with a history of mental health problems and a diagnosis of major depressive disorder, who had been […]

Getting Noticed

With NL away on his summer holidays I have picked up the Supreme Court judgement in Edwards v Kumarasamy [2016] UKSC 40 The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court of Appeal in two key areas. Background This […]

Wrong warrants? Issues in N325 compliance

This is a guest post by Jonathan Holt of Garden Court North Chambers. GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments. Background […]

(Not) Normal service

Yes, I know we are a bit behind. For example, Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 290 (LC) on FTT Rule 13 costs, Hoyte, R (on the application of) v London Borough of Southwark [2016] EWHC 1665 (Admin)  on intervening events and fresh homeless applications and Huda v The London Borough of Redbridge [2016] […]

Conditions of repentance – SPOs

City West Housing Trust v Massey [2016] EWCA Civ 704 When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in whole or part? And should an SPO impose conditions which set responsibilities on the landlord? These were the questions addressed by the court of […]

Rent increases and rent lawfully due

This is a guest post by Prof. Ian Loveland of Arden Chambers, first published in Legal Action June 2016, and gratefully posted here with permission. A few years ago now, I was instructed by Luton Law Centre in a series of possession cases brought by BPHA (a housing association) in Luton and Bedford County Courts. The […]

Yes but No – Article 8 and the private sector

McDonald v McDonald & Ors [2016] UKSC 28 The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of […]

When is a deposit returned? Once more with confusion

Our thanks to Guild of Residential Landlords for this note of a county court possession case. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County Court. June 2015 (link is to our note). Yeomans v Newell, Canterbury County Court 25 May 2016 An assured tenancy was granted […]

Don’t believe the hype – a subletting site

Purely by coincidence, someone brought a tweet and linked article by @unleasehello to my notice: (Screenshot because now deleted) Here is the linked article on Unlease.io (And screenshot in case of deletion here) Titled “Subletting as a tenant right”, a taste of the article will give any housing lawyer a sense of just how bad it is… […]