Nothing for the weekend

It is about time for a break – 13 detailed posts in the last two weeks, coupled with a frantic time at work, has left me lacking oomph, as devoid of oomph as an omphless thing on a bad day. So there will be nothing more here until after the holiday weekend. Meanwhile, James Stark […]

Payne-less

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of tenancy where all the arrears were paid off on a breached suspended possession order. The Court of Appeal was presented with the opportunity to follow its own 1958 decision of […]

Oh for heaven's sake!

So, I have a very busy day, with no time for any considering of judgments. Nonetheless, I am puzzling over the import of a couple of recent decisions for some clients. Then, on the way home, scanning printouts of the cases, what does my mobile’s web browser reveal to me? Two significant Court of Appeal […]

Permanent trespassers – a fan letter

A very interesting case report and article by James Stark of Garden Court North in the current Legal Action (March 2008) presents a possible solution to the permanent trespasser problem, at least in part. Permanent trespassers are those who have paid off the arrears and court costs of an old style form N28 suspended possession […]

Time limitation on disability discrimination defence?

This is definitely a specialist question, for which I seek housing people’s opinions. A semi-hypothetical situation: A suspended possession order made against the client, a secure tenant, two years ago on grounds of rent arrears. Client didn’t attend hearing. Client had contact with mental health services at the time, but it is now clear, on […]

Hey, you asked…

For some of us internet old timers, who were on usenet before the WWW existed and were hand coding websites in the mid 1990s, it is still a surprise how people treat search engines as something to put a fully fledged question into. January has been a bumper month for searches arriving at this site […]

S.85 Application Randomness

We’ve been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to the arrears. As the costs are outstanding, the Suspended Possession order has […]

Reincarnation of Tenancy?

This is more of a question than a post, a question on a problem that I think I understand, but that I hope has a better conclusion than the one I’ve got to. The issue is when can a new tenancy be effectively said to have arisen after a Suspended Possession Order (assuming that it […]

Public funding and rent payable

I meant to post about this one a month ago but got sidetracked. A case for any civil legal aid people to note. Funding Certificates are means-tested. Funding issued by practioners under devloved powers can be and is yanked by the Legal Services Commission if they later calculate the client as outside the eligible range. […]

Trouble with tenses

I’m drafting an application and order for the variation of a suspended possession order and revival of secure tenancy under s.85 Housing Act. If the application is successful, the resulting order will immediately cease to have effect because someone else entirely will have been the tenant for the last couple of years. My head hurts.