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 […]

Closure, possession and legal representation

Courtesy of Jim Shepherd of Doughty Street Chambers comes this account of a county court appeal of a Ground 7A possession claim, following a closure order. The appeal of the possession order was partly on the basis that the Defendant could not get legal aid in time. Goode v Paradigm Housing , October 2015 The […]

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? […]

Putting section 21 right – again.

Just a quick note to record that The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 have been made. The only purpose of these regulations is to address the mess that had been made of the prescribed section 21 notice included in the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) […]

Doesn’t it make you proud to be English?*

The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage. The Immigration Act 2014 introduced the concept of the “right to rent”. […]

1 October 2015 – section 21 day

[Update 29/09/2015. New regulations correcting the obvious errors in the new prescribed section 21 notice have now been made. See here.] On 1 October 2015, a whole range of changes come in, which affect whether or not a landlord can serve a s.21 notice on an assured shorthold tenancy (in England). There are some sensible […]

Of bad banks behaving badly and public bodies

An intriguing mortgage possession County Court case featuring a ‘bad bank’. While the case itself turns on a failure by the bank to obtain relief from sanctions, it features an interesting line of argument that may well be raised again. NRAM plc v X [Name redacted by request]. Central London County Court. 10 July 2015 […]