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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....
[Updated 20/12/12. See below] There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession... Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore...
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a...
Birmingham CC v Ashton is a case which illustrates the difficulty that judges face when they are invited to make possession orders on the grounds of nuisance and anti-social behaviour against tenants with mental health problems. The Council relied on four...
A bit of a miscellany, with Government skullduggery and posturing galore. First up, Grayling's MoJ has announced a consultation into revising the rules on Judicial Review. Broadly, he is against it. Responses are due by 24 January 2013, so a busy holiday for...
Thurrock Borough Council v West [2012] EWCA Civ 1435 The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts. Facts W's grandparents (or great...
A case perhaps best filed under the 'Ooops' category, which only took a trip to the Court of Appeal to sort out Spicer & Anor v Tuli & Anor [2012] EWCA Civ 845 Spicer and Shinners were Law of Property Act 1925 receivers, appointed under a charge in...
Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012) QBD...