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, failure to provide information, failure to licence and property conditions: Five properties, on Abbeydale […]

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 occupied since 2008 or 2009. He claimed housing benefit for […]

PRS enforcement corner

Three items relating to PRS licensing/HMO regulations and property management enforcement, with some added harassment of tenants thrown in. Thanks to Dean Underwood at Cornerstone for news of this Magistrates Court case. London Borough of Waltham Forest v Tuitt 11 November 2016 Mr T owns the freehold of a mid terrace house, converted into 4 […]

Landlords behaving badly

While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum. The Housing:Recent Developments in the July/August 2016 Legal Action contains a […]

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 […]

From the County Courts – deposits, evictions and introductory tenancies

Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction. Hammersmith & Fulham LBC v Patterson. County Court at Willesden 16 July 2015 Mr P was granted an introductory tenancy in July 2011. A notice extending the introductory tenancy […]

Tis aw a muddle – costs edition

Morales v Enver (2016) QBD (Irwin J) 28/04/2016 (Not on Bailli – note of judgment on Lawtel) Another case to file under ‘things not to do’. Mr M had brought injunction for re-entry proceedings against a landlord and agents. Mr M was the tenant of a flat owned by the landlord. He stayed on after the end […]

Not thinking things through – miscellany

Assorted bits on the theme of acting hastily and not thinking things through… Exhibit 1. The Housing and Planning Bill. This evening, it completed third reading in the House of Lords and heads back to the Commons. While there will no doubt be some ping pong on various Lords amendments, one significant amend was a […]

A scandal unfolds: High Court enforcement again

Since our previous post on this topic, it has become apparent that there are significant and widespread issues with evictions of tenants by High Court writ, specifically by some High Court Enforcement Officer firms. In our last post, we dealt with the issue of an application for a High Court writ being made in tenant […]

Not far enough on the naughty step?

Along with Ben Reeve Lewis, who as a former Tenancy Relations Officer really knows, we have long had a bee in our various bonnets about fines for illegal eviction levied by the Magistrates Court on prosecutions brought by local authorities. And so to Sead Alimajstorovic, of East Holme, Bordesley Green, Birmingham. Mr Alimajstorovic was the landlord of a […]