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London Borough of Brent v Tudor [2013] EWCA Civ 157 This was an appeal of a Circuit Judge's finding that LB Brent's possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living...
There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be issued in the...
The recent case of Birmingham CC v Beech contains a wealth of legal issues but sadly for the Defendant, none of them was decided in her favour. Mrs Beech's parents had been joint tenants of a 3 bedroom property at 31 Tilshead Close, Birmingham since 1967....
OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the 'nuts and bolts' of an Article 8/proportionality...
You may recall the discussion that took place on this blog of Wandsworth's secure tenancy terms, introduced in 2009, that sought to introduce a list of things that the tenant, "lodgers, friends, relatives, visitors and any other person living in the property...
[Update 22/01/2014 - Anyone concerned with proceedings brought by Mr Ghopee under any company name should see this new post] Since our post on Barons Finance Limited, we've heard various things about the property and landlord related activities of Barons...
People live in boats. In some cities, such as Cambridge and London, living in a houseboat may be an affordable way somewhere where house prices would otherwise make that impossible. On so slender thread as that we at nearly legal have reported a number of...
With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I've been thinking about the position when the inevitable rent arrears possessions start to appear - probably by about October - and also whether the...
Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time...
Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that...
A rare Rent Act 1977 possession case, with possession sought as 'reasonably required' under Case 9 Of Schedule 15 of the 1977 Act via section 98(1). Miles v Law [2012] EWCA Civ 1756 [Transcript on Lexis. Not on Bailii yet] This was a permission to...
This was a failed succession case where an article 8 proportionality defence was, at least in part successful. Our thanks to Legal Action 'Recent Developments in Housing Law' January 2013 for bringing it to our attention. Affinity Sutton Homes Ltd v Cooper....