Jail for Unlawful Eviction

According to the website of Oxford City Council a landlord has been jailed for three months for unlawful eviction. Mr Kenston McIntosh received three months after pleading guilty at Oxford Crown Court on 29 October 2010. Undoubtedly the sentence was aggravated by Mr McIntosh failing to attend a previous hearing and then being arrested at […]

Just another brick in the (Sheffield CC v) Wall

Sheffield CC v Wall (by her personal representatives), Wall, Ingham, Butler [2010] EWCA Civ 922, is, on any view, an unusual case. The Court of Appeal didn’t, however, help matters. Imagine, if you will, that, in 1967, Mr Steven Wall was placed with Mrs June Wall, who acted as his foster parent, by Sheffield CC. […]

Illegal eviction and the police

Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010) The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They either do nothing, saying that it is a civil matter, or on occasion remove […]

A bumper pack of unlawful eviction – updates from Legal Action

In the second post of County Court cases you will already have read in June’s Legal Action Housing updates, we turn to unlawful eviction and harassment. And it appears to have been a rich few months in this regard, with no fewer than five cases to note. Fakhari v Newman, Woolwich County Court 07/01/2010 Mr […]

Re-entry and re-opening: updates from Legal Action

June’s Legal Action housing updates have a bumper collection of interesting county court cases, as you’ll already know. For our archives, this is the first of a couple of posts. This one deals with cases on post-eviction re-entry and on re-opening possession proceedings, including an LB Croydon case that very nearly merited a naughty step […]

Farming today

Kakas v Farmer, Court of Appeal, 29.1.10 (extempore judgment, only available as a lawtel note) Section 27, 1988 Act creates a statutory tort of attempting or actually depriving a residential occupier of his occupation of some or all of the premises. Importantly (and subject to a very minor exception in s.27(7)(b), 1988 Act), the tort […]

Catching up with LAG

The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives… Tenancy Deposits O’Brien v Hill Barnet County Court 22/09/2009 Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He […]

Disrepair miscellany

The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We’ve covered most of the cases here, but there are some others that are well worth a mention… Brunskill v Mulcahy [2009] EWCA Civ 686 (no link) This was a claim under S.11 Landlord and […]

Unlawful eviction quantum again

Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009. The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction. Mr A rented a room in a shared house from Mr K for £75 per week in January 2009. He paid £150 deposit and £150 advance rent. […]