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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...
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...
NJ Rickard Ltd -v- Holloway (CA 03/11/2015) (Lawtel note of extempore judgment only so far) Sometimes winning isn't enough... A cautionary tale, in all sorts of ways. This was a Court of Appeal hearing on an appeal on costs. The original case was the...
It is hard to believe that nearly 6 years have elapsed since the Supreme Court heard the appeals in Ali and others v Birmingham CC (our note here), where the Court decided that a decision on a homelessness application involving a dispute of fact was not a...
Samuels v Birmingham City Council [ 2015 ] EWCA Civ 1051 A second appeal from a s.204 County Court appeal that addressed the council's decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was...
Thanet DC v Grant LTL 2/11/2015 EXTEMPORE (only on Lawtel) This case deals with a small point relating to HMO licensing and prosecutions. It is only on Lawtel as an extempore judgement but is a pretty clear statement of the law. When making an HMO licensing...
Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC)...
In which the Nearly Legal team gain exclusive access to a (highly) fictionalised account of one man’s inside view of legislation currently going through Parliament, insofar as it relates to housing *** Morley Peckwitch, Member of Parliament for...
Courtesy of Jim Shepherd of Doughty Street Chambers comes this account of a county court appeal of a Ground 7A possession claim, following a closure order. The appeal of the possession order was partly on the basis that the Defendant could not get legal aid...
Our thanks to Bahareh Amani-Kholsari of SSP Law for this interesting County Court possession/deposit case. As per s.215(2A), if a deposit was not protected in the required time, no s.21 notice can be served until the deposit has been returned to the tenant...
Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] EWCA Civ 282 This is a rare treat for our RTM fan (he knows who he is) - a decision of the Court of Appeal on the right to manage provisions in Commonhold and Leasehold Reform Act 2002. I must confess...
The 2015 White Book, (the bible of the Civil Procedure Rules) contains a serious error in the sections on tenancy deposit claims under s.214 Housing Act 2004. It appears that the notes do not correctly deal with the effects of the Localism Act amendments,...