Or, more accurately 'locality'. Sorry if that got anyone excited over nothing. As has been widely announced, the DCLG consultation on introducing a mandatory ground for possession on grounds of conviction for a housing related ASB offence etc, previously...
Starter tenancy: proportionality ‘just about arguable’
West Kent Housing Association v Haycraft [2011] EWCA Civ 992 (Not on Bailii. We've seen a transcript) This was a renewed application for permission to appeal to the Court of Appeal on a second (or perhaps first- see below) appeal from the granting of a...
Wandsworth: headed for the naughty step?
As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth's behaviour that should be pointed out, but...
That’s not the way to do it
Zolotareva v Russia (App. No. 15003/04) With a hat-tip to the Garden Court bulletin, here is a decision of the European Court of Human Rights on the enforcement of an eviction. Ms Zolotareva lived in a municipally owned flat with her son, ex-daughter-in-law...
Evicting rioters: a brief note
As a number of Councils and Housing Associations in London, Manchester, Salford and Birmingham say that they intend to evict tenants involved in rioting (and Grant Shapps has jumped in to back them, as has David Cameron), we've been requested to take a quick...
And what kind of chocolate would you like your teapot?
The DCLG has put out a consultation, announced by Grant Shapps (again), on proposals to bring in a mandatory ground for possession for Anti Social Behaviour. The closing date is 27 October 2011. I had a look at Shapps' initial announcement back in January....
Tenancy deposit penalties awarded!
There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which - astonishingly, given the recent history of High Court and Court of Appeal decisions - the tenant was awarded the penalty. We have said...
Possession and disability: The reach of ss 49A DDA & 149 EA
In Barnsley MBC v Norton [2011] EWCA Civ 834, the Court of Appeal considered the application of section 49A(1)(d), Disability Discrimination Act 1995, to the decision of Barnsley to seek and obtain a possession order against Mr Norton and his family....
Short of Money but Not Short of Rent
Christina Sharples v Places for People Homes Ltd, Stephen Godfrey v A2 Dominion Homes Ltd [2011] EWCA Civ 813 This is actually two appeals which deal with an important question about insolvency and bankruptcy and whether monies that form part of the...
Forgive us our trespasses…
The Prime Minister's confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the...
A sorry tale
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
Injunction, planning and committal, post Cala
Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) I'll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG's stated intention to...