February is the cruellest month

Monday 1 February 2016 sees the commencement of the ‘Right to Rent’ regulations in all of England. All new private tenancies, sub-tenancies, lodgings, and licences (including property guardians) will be caught if it is the occupant’s main residence. Landlords must check the immigration status of all adults who will be or are occupying the property. […]

A scandal unfolds: High Court enforcement again

Since our previous post on this topic, it has become apparent that there are significant and widespread issues with evictions of tenants by High Court writ, specifically by some High Court Enforcement Officer firms. In our last post, we dealt with the issue of an application for a High Court writ being made in tenant […]

Not far enough on the naughty step?

Along with Ben Reeve Lewis, who as a former Tenancy Relations Officer really knows, we have long had a bee in our various bonnets about fines for illegal eviction levied by the Magistrates Court on prosecutions brought by local authorities. And so to Sead Alimajstorovic, of East Holme, Bordesley Green, Birmingham. Mr Alimajstorovic was the landlord of a […]

Disrepair miscellany: Good, bad and ugly.

Perhaps illustrating the need for the Court of Appeal to deliver the judgment in Moorjani (see preceding post), the December 2015 issue of Legal Action has Beatrice Prevatt’s excellent annual  ‘housing repairs update’.  We have covered many of the cases noted in the update already, but there are some county court cases unreported elsewhere, remarkably […]

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 […]

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 […]

When is a deposit repaid?

Our thanks to Bahareh Amani-Kholsari of SSP Law for this interesting County Court possession/deposit case. As per s.215(2A), if a deposit was not protected in the required time, no s.21 notice can be served until the deposit has been returned to the tenant (subject to all the Deregulation Act changes…). So when is a deposit returned? […]