Suspense surrounds suspended possession orders

Ever since Cardiff City Council v Lee [2016] EWCA Civ 1034 (our note), there has been a ferment and a gnashing of teeth amongst landlords, particularly social landlords, about the best way to deal with the ‘new’ requirement under CPR 83(2) to make an application with evidence for permission to request a warrant of possession on […]

Private sector updates

Section 8 notice prescribed form The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new ‘form 3’ – the prescribed form of Section 8 Notice Seeking Possession. This must be used for s.8 notices served on or after 1 December 2016. The change […]

Initial Requirements and late prescribed information

Our thanks for this county court possession and deposit appeal case note to Josephine Henderson of Five Paper Chambers and Dambudzo Tenner of Duncan Lewis Amak Property Investments (London) Ltd v Laura Sonny B01CL657. 15 September 2016, The County Court at Central London This was an appeal of the dismissal of a set aside application following […]

Odds and Ends

Assorted updates. Right to Rent – the new criminal offence. The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 have been made and come into force on 1 December. The draft DCLG Guidance for the courts on the defence of taking steps to end a tenancy in a reasonable time is here. […]

Second (non-) succession

In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental […]

A non-binary outcome

This is a cautionary tale for DJs and DDJs hearing Equality Act defences.  In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Baili yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of an introductory tenancy was wrongly granted where an Akerman-Livingstone Equality Act style defence […]

Warrant on breach of SPO – permission required

We foreshadowed this appeal hearing here, and now we have the Court of Appeal judgment. And it is important. Cardiff City Council v Lee [2016] EWCA Civ 1034 The sole issue on the appeal was: can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to […]

Guest post – permission for warrants of possession?

This is a guest post by Michelle Caney and Nicholas Towers of St Ives Chambers. Anyone wanting to enforce possession orders should keep an eye on Cardiff County Council v Lee (Flowers), scheduled to be heard by the Court of Appeal on 18 or 19 October 2016, because the case could have significant implications for […]

We eat ham and jam and spam a lot

Property guardian companies. Just when you think that most of the firms involved have managed some form of legality around their possession and eviction practices, they go and disappoint you. Way back in 2012, we noted the widespread failure of property guardian firms to adhere to the requirements of the Protection from Eviction Act 1977 […]

‘Solicitor’s agents’ and rights of audience again

We had a look at this issue many years ago, and now, with thanks to Gordon Exall at Civil Litigation Brief, there is information on a county court case on the point. This is of significance, and potential use, as the appearance of ‘solicitor’s agents’ for advocacy in mortgage possession claims and in private possession […]