Tis aw a muddle – costs edition

Morales v Enver (2016) QBD (Irwin J) 28/04/2016 (Not on Bailli – note of judgment on Lawtel) Another case to file under ‘things not to do’. Mr M had brought injunction for re-entry proceedings against a landlord and agents. Mr M was the tenant of a flat owned by the landlord. He stayed on after the end […]

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 […]

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 […]

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 […]

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”. […]

All of the wrong. And then some more.

Kazadi v Martin Brookes Lettings Estate Agents Limited & Faparusi, Edmonton County Court 14 May 2015 Thanks to Legal Action September 2015 Housing law updates for this one. An assured shorthold tenancy deposit and unlawful eviction case in which everyone involved save the tenant – letting agent, landlord and police – did things about as […]

Unlawful eviction and harassment quantum update

With grateful thanks to Jan Luba QC and HHJ Madge’s housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr Alabbas was Ms Uppelle’s assured shorthold tenant from April 2008. In April 2009, Mr A complained […]

How much?! Damages for unlawfully evicted secure tenants

Loveridge v London Borough of Lambeth [2014] UKSC 65 So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this […]