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 […]

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 […]

Stay of execution and change of circumstances

Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016 (Not on Bailii – Lawtel note of extempore judgment) The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession […]

From the County Courts – deposits, evictions and introductory tenancies

Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction. Hammersmith & Fulham LBC v Patterson. County Court at Willesden 16 July 2015 Mr P was granted an introductory tenancy in July 2011. A notice extending the introductory tenancy […]

Validity of section 21 notices – a flow chart

[Update 3 pm 03/06/2016 – improved flow chart with added HMO licensing section now at link below] Don’t ask me why, in a moment of idleness, I foolishly thought I would do this, but I did… The validity of section 21 notices (or technically, when one can be served) became simultaneously more complicated and less so […]

And the first shall be last

An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch) (Not on Bailii yet, we’ve seen the judgment). Three tenancy agreements for the same property, apparently at least partly at the same time, and possession […]

PCOL and Introductory Tenancies

An interesting county court appeal of a possession order – can PCOL be used for a possession claim for an Introductory Tenancy? Crosby v Birmingham City Council, Birmingham Civil Justice Centre, 8 March 2016 Ms C was an Introductory tenant of Birmingham. She built up rent arrears. Birmingham served notice under s.128 Housing Act 1996. Ms […]