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...
Gatekeeping special
This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. This post addresses practices and policies of three councils. Eastbourne BC, LB Haringey and Bournemouth BC. Eastbourne BC Eastbourne's...
Validity of section 21 notices – a flow chart
IMPORTANT - NOT YET UPDATED FOR 1 OCTOBER 2018 CHANGES. [Update 3 pm 03/06/2016 - improved flow chart with added HMO licensing section now at link below. Update 05/12/2016 - tidier version will small error correction. Update 07/03/2017 - correcting an error...
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...
Money down the drain
Court v Van Dijk & Anor [2016] EWCA Civ 483 Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need to be constantly alert to changes in the facts and expert...