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 […]

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 […]

The mystery of the Minister’s many bits

There might be much to mock and/or weep at in the Housing and Planning Bill, but this afternoon reached a degree of the surreal, as the Bill returned to the House of Lords following the Govt vote in the Commons to reject all the Lords amendments. Shelter today released a report showing that, on the […]

Not thinking things through – miscellany

Assorted bits on the theme of acting hastily and not thinking things through… Exhibit 1. The Housing and Planning Bill. This evening, it completed third reading in the House of Lords and heads back to the Commons. While there will no doubt be some ping pong on various Lords amendments, one significant amend was a […]

You’ve lost that loving Ealing. (Sorry)

H & Ors, R (On the Application Of) v Ealing London Borough Council [2016] EWHC 841 (Admin) Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of […]

Misc on taxes – council and bedroom

Some notes on council tax liability and bedroom tax Upper Tribunal cases. Council tax – how do you go about setting aside and/or appealing a council tax liability order? It turns out to be far from straightforward (you might already have known this. I didn’t!). In Okon v London Borough Of Lewisham [2016] EWHC 864 (Ch) […]

Nor any drop to drink

This is potentially huge. There could be millions of pounds at stake and possibly many councils and housing associations affected. It might only mean a pound or so per tenant per week, but definitely 37,000 and potentially 375,000 tenants are involved, over periods of years. Jones v London Borough of Southwark [2016] EWHC 457 (Ch) […]

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). […]

Bedroom tax updates

Assorted bedroom tax related items, while we wait for the Supreme Court to hear MA & Ors… In case number CH_2391_2015, the Upper Tribunal has ruled that an annual re-rating of housing benefit entitlement is a fresh decision each time, capable of being appealed. In this case, an appeal of a bedroom tax deduction in […]