Tijardovic v Croatia [2014] ECHR 637 (19/6/2014) Mrs T and her family occupied a flat in Split, Croatia, which her father-in-law had held under a specially protected tenancy with the Split Municipality, from 1983 onwards. Between 1985 and his death in 1998,...
Possession Archives
The extremely slow work of adding downloadable, searchable PDFs of the NL archives continues. In addition to the homelessness archives, there are now PDFs of the possession case posts from 2006 to date on the PDF Archive page. As before, these are unedited,...
A very unlawful eviction
(Finally) AA v London Borough of Southwark [2014] EWHC 500 (QB) This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended...
Retaliatory Eviction and Law Reform
The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather's private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in...
A Thursday stuffed with housing stuff
A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one. A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper...
Ch ch ch ch changes
When is a Secure Tenancy Agreement not a Secure Tenancy Agreement? News has reached us of an interesting case in Bow County Court involving the right to succeed to a secure tenancy and the operation of s.103 of the Housing Act 1985: London Borough...
Eviction: “Sexual, athletic and squeaking noises”
In a case that recalls the 'unnatural' noises emanating from Concord, Tyne and Wear, a German Court was faced with a tricky decision in a claim for possession. The ground given was that the tenant had installed a 'very old' sex swing in 2012. And, despite a...
Odds and Sods
A few bits and pieces, none of which are worth their own post, including a couple of updates on old 'friends'. First, as you have probably noticed, the blog has had a redesign (yes, another one). There are a couple of reasons for this: partly for a more...
Arguably Serious – Aster Communities Ltd v Akerman-Livingstone
Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the...
Spencer v Taylor- Some Analysis
We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised. As the solicitor acting for the landlord in the Supreme Court...
Article 8 and the Private Sector-the Court of Appeal Speaks
In McDonald v McDonald & Anor [2014] EWCA Civ 1049, the Defendant held an assured shorthold tenancy of a property in Witney, Oxfordshire. The tenancy was granted by Ms McD's parents in breach of the terms and conditions of a mortgage agreement with...
More on post possession order disrepair counterclaims
This is an issue we’ve looked at before, bringing a disrepair counterclaim after a possession order has been made. Now the Birmingham County Court has dealt with the issue on an appeal from the decision of a District Judge. Midland Heart Ltd v Idawah...