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...
PCOL and Introductory Tenancies
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...
Curiosities and wonders
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....
Tis aw a muddle – costs edition
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...
AirBnBreach
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...
Righting wrong writs. High Court enforcement.
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...
High Court enforcement continued
In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers. (Previous posts here and here) Secretary of...
Find a new place to dwell
Or spousal rights after notice to quit served by joint tenant. Derwent Housing Association Limited v Taylor, Court of Appeal (Civ Div) 19 January 2016 (unreported as far as I can see, apart from this note by Shoosmiths, for which we are suitably grateful)....
February is the cruellest month
Monday 1 February 2016 sees the commencement of the 'Right to Rent' regulations in all of England. All new private tenancies, sub-tenancies, lodgings, and licences (including property guardians) will be caught if it is the occupant's main residence....
Promises, promises
A sad county court case that raises questions over the way in which some housing associations approach ground 8 possession claims and evictions. Christian Action (Enfield) Housing Association Ltd v L Walters, Edmonton County Court, 7 December 2015 (Not...
Possession claims by trustee in bankruptcy
Garwood v Bolter & Anor (2015) Ch D 18 November 2015 (Not on BAILII. Note of extempore judgment on Lawtel) I'm working off the lawtel note, which in some (many) respects doesn't entirely make sense. I'll try to flag the bits where I am 'interpreting'....
Eviction and High Court Enforcement
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...