A right without rights?

Just a quick note on an interesting point that came up for decision in Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) This was a judicial review of Lambeth’s decision (after a ‘reconsultation’ after Lambeth lost a first judicial review) to proceed with the demolition and redevelopment of […]

We’re going to need another canto – 2016 roundup

“We to the place have come, where I have told thee Thou shalt behold the people dolorous Who have foregone the good of intellect.” (canto 3) Midway between Christmas and new year, I found myself, fat and indolent, on the sofa, contemplating a year-end post. The trouble with 2016, I realised, is that it made […]

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 […]

A touch of sanity? Mandatory Pay to Stay gone away.

The Housing minister, Gavin Barwell, has today announced that the Government will not be pursuing the provisions in the Housing And Planning Act 2016 that implemented mandatory ‘pay to stay’ provisions for local authority tenants. Instead, it will be voluntary for both councils and housing associations. This is good news for councils, who would have […]

With and without foundation – Bedroom tax in Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on the application of Daly and others) (formerly known as […]

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 […]

Housing needs and household members

Jones v Luton Borough Council [2016] EWHC 2036 (Admin) This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property. Mr J’s mother and […]

Wrong warrants? Issues in N325 compliance

This is a guest post by Jonathan Holt of Garden Court North Chambers. GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments. Background […]

Conditions of repentance – SPOs

City West Housing Trust v Massey [2016] EWCA Civ 704 When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in whole or part? And should an SPO impose conditions which set responsibilities on the landlord? These were the questions addressed by the court of […]