Taiwo v Homelets of Bath Ltd (2018) EWHC 2757 (QB) This was Homelets of Bath appeal from first instance judgment against them on Ms T's claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false...
Hide and seek – unlawful eviction
Ryan Insalaco v i) One Room UK ii) Paulo de Souza iii) Alisson Teixeira. County Court at Willesden, 6 July 2018 An unlawful eviction claim, notable for the casualness of the eviction and the efforts the defendants then went to to pretend the claim wasn't...
Another step for Fitness for Habitation, and getting unlawful eviction wrong
Some quick notes. First, the Homes (Fitness for Human Habitation) Bill finally has a Commons committee date! This is the next step after second reading. The committee is on 20 June 2018 and we have high hopes of getting the Bill and amendments through in one...
Heavy handed, inaccurate threats of legal action – Metropolitan HT harass their tenants
Worthington & Anor v Metropolitan Housing Trust Ltd (2018) EWCA Civ 1125 The Court of Appeal on an instance of tenancy management going bad, very bad indeed. And the landlord losing a claim against them for damages for harassment under Protection from...
Court of Appeal on illegal eviction – quantum and heads of claim.
Smith v Khan (2018) EWCA Civ 1137 Well! It is not often that an illegal eviction case gets to the Court of Appeal, let alone on the tenant's appeal. But that is what we have here. There are some useful bits along the way, the correction of some errant views...
Councils behaving badly – Part whatever
With grateful thanks to Housing: Recent Developments in March 2018 Legal Action comes this report of a county court case for unlawful eviction. What makes it slightly unusual is that the perpetrator landlord was a council. Lutman v Ashford BC, County Court...
On a Housing Court and (not) making things simpler.
A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned 'discussions' with the judiciary on a housing court, ever since the last Tory conference in October. There has been no...
Deposits, Lies and Unlawful Evictions
Zeeshan v Mahmood, County Court at Manchester, 27 October 2017. (Our grateful thanks to Amy Tagoe of Stephensons Solicitors for the following note of this unlawful eviction case) The Claimants were the tenants of a property owned by the Defendant by way of...
Illegal subletting – an ‘elaborate farrago of lies’
Poplar Housing & Regeneration Community Association Ltd v Begum & Ors [2017] EWHC 2040 (QB) We are no fans of illegal subletting of social housing here at NL. So here is an appeal by the landlord of a county court decision to grant a suspended...
One Million Pounds!
Diaz v Karim [2017] EWHC 595 (QB) The schedule of special damages - never straightforward. The belongings that had to be thrown out, or were taken and not returned. The difficulty in evidencing them, the difficulty in evidencing proof of purchase (who keeps...
Tales of the private sector
A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can't come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management,...
Don’t try this at home
Gibson v Douglas & Anor [2016] EWCA Civ 1266 In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977 Mr G had been living at Mrs D's property, which she also...