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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....
What is the difference between, on the one hand, Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55 and, on the other hand, Thorner v Majors [2009] UKHL 18? The standard answer is that Cobbe involved commercial parties who, well, ought to have known better...
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...
In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to...
We've seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not...
YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) YA was in care with H&F for a number of years and was now a care leaver. During that previous period as a child in care, he had committed a number of criminal offences, though these...
Lord Justice Briggs' final Review of the Civil Court Structure has been published. The main part of the report is of course the proposals for the new 'online court' - a costs free and litigant in person form of tribunal, heavily aimed at forms of ADR. The...
With NL away on his summer holidays I have picked up the Supreme Court judgement in Edwards v Kumarasamy [2016] UKSC 40 The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court...
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...
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...
McDonald v McDonald & Ors [2016] UKSC 28 The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell - whether article 8 proportionality of eviction defence might also apply to...
Purely by coincidence, someone brought a tweet and linked article by @unleasehello to my notice: (Screenshot because now deleted) Here is the linked article on Unlease.io (And screenshot in case of deletion here) Titled "Subletting as a tenant right", a...