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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...
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...
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,...
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...
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...
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...
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...
An interesting county court appeal of a possession order - can PCOL be used for a possession claim for an Introductory Tenancy? Crosby v Birmingham City Council, Birmingham Civil Justice Centre, 8 March 2016 Ms C was an Introductory tenant of Birmingham. She...
When the First Respondent in a possession case is styled "The Sovereign Indigenous Peoples of Scotland" and the second, named, Respondent describes himself as "A Member of the Government of Scotland", you suspect that you know in advance how things will go....
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...
The Govt seems very keen on Airbnb-style short term letting. First, the planning change in London to permit short term letting for up to 90 days in any year, then Osborne's £1000 tax break for Airbnb style landlords in the March 2016 budget. Of course, the...
This has been a bit of an epic. First, the problem of High Court Enforcement Officers using form N293A to obtain writs of possession against tenants was raised by us in November 2015, then the scale of that use became clear by January 2016, and there were...