Lord Justice Briggs' final Review of the Civil Court Structure has been published. The main part of the report is of course the proposals for the new 'online court' - a costs free and litigant in person form of tribunal, heavily aimed at forms of ADR. The...
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...
(Not) Normal service
Yes, I know we are a bit behind. For example, Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 290 (LC) on FTT Rule 13 costs, Hoyte, R (on the application of) v London Borough of Southwark [2016] EWHC 1665 (Admin) on intervening events and...
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...
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...
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...
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,...
Don’t believe the hype – a subletting site
Purely by coincidence, someone brought a tweet and linked article by @unleasehello to my notice: (Screenshot because now deleted) Here is the linked article on Unlease.io (And screenshot in case of deletion here) Titled "Subletting as a tenant right", a...
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...
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...
Job ads – N and SE London
SSP Law Finchley We are a firm specialising in Housing and Property Law established for 12 years and currently have our Lexcel accreditation pending. We pride ourselves in our inclusive and diverse culture and our strong links with the local community. We...
Tin
Ten years. Ten whole years. That is how long this site has been in existence. Yet still we stagger on, despite bits falling off and the east wing giving way. Variously heralded as 'irreverent, comprehensive and up to date' by the Judicial Training...