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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...
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings. Ms V had a £96,000 repayment mortgage from...
A very belated (and brief) note on Arnold v Britton & Ors [2015] UKSC 36, as I have just realised we didn't cover it. A shameful omission. Our note on the Court of Appeal decision is here. Briefly, the issue was that lease clauses for some (but not all)...
Happy new year, if at all possible. Some things to await - if not necessarily look forward to - in 2016 (mostly in England). January Possibly will see the Supreme Court judgment in Samin v Westminster CC on EU eligibility for housing. Heard in March 2015....
As 2015 comes to a dark, stormy close, with the roof making ominous noises and the sofa surrounded by sandbags, it is with a grim inevitability that we come to the 'end of year post'. The end of the year may customarily reek of gin and regrets, a time of...
Geyfords Ltd v O'Sullivan & Ors [2015] UKUT 683 (LC) The issue of the recovery of lessors' costs of county court and/or Tribunal proceedings from lessees under the service charge has been a hot topic of late. And it seems that there is something of a...
Queensbridge Investments Limited v Lodge & Ors [2015] UKUT 635 (LC) There was quite a simple question at issue in this Upper Tribunal (Land Chamber) appeal - could the FTT appoint a manager to the whole of a building which contained a leased commercial...
Barrett, R (On the Application Of) v City of Westminster Council [2015] EWHC 2515 (Admin) We're very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to...
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...
R (on the application of A) v Ealing London Borough Council (2015) QBD (Admin) (Patterson J) 16/12/2015 (Not on Bailii yet, note on lawtel) Back in August, Ealing's allocation policy was found to be unlawful in HA, R (On the Application Of) v London Borough...
Mr Jones: [...] We want housing association landlords and tenants to reap the benefits from shorter-term tenancies as well. However, we clearly need to consider any changes to housing associations in the light of the recent decision of the Office for...
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...