AirBnBreach

The Govt seems very keen on Airbnb-style short term letting. First, the planning change in London to permit short term letting for up to 90 days in any year, then Osborne’s £1000 tax break for Airbnb style landlords in the March 2016 budget. Of course, the up to 90 days a year (in London) rule […]

Righting wrong writs. High Court enforcement.

This has been a bit of an epic. First, the problem of High Court Enforcement Officers using form N293A to obtain writs of possession against tenants was raised by us in November 2015, then the scale of that use became clear by January 2016, and there were updates in February. Now, the coup de grace […]

High Court enforcement continued

In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers. (Previous posts here and here) Secretary of State for Defence v Nicholas, High Court (CH Div) (15 January 2016) (copy of Judgment). […]

Find a new place to dwell

Or spousal rights after notice to quit served by joint tenant. Derwent Housing Association Limited v Taylor,  Court of Appeal (Civ Div) 19 January 2016 (unreported as far as I can see, apart from this note by Shoosmiths, for which we are suitably grateful). Derwent HA were Mrs T’s landlord, on a sole assured tenancy. Mrs […]

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. […]

Promises, promises

A sad county court case that raises questions over the way in which some housing associations approach ground 8 possession claims and evictions. Christian Action (Enfield) Housing Association Ltd v L Walters, Edmonton County Court, 7 December 2015 (Not published, we’ve seen a transcript of judgment). Ms W was CA’s assured tenant. Her rent was […]

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 […]

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 […]

Look inside Westminster

In which the Nearly Legal team gain exclusive access to a (highly) fictionalised account of one man’s inside view of legislation currently going through Parliament, insofar as it relates to housing *** Morley Peckwitch, Member of Parliament for Dunny-on-the-Wold, leaned against the bar in the Smoking Room. It was a little after 11pm on 2 […]