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 […]

High Court enforcement continued

In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers. (Previous posts here and here) Secretary of State for Defence v Nicholas, High Court (CH Div) (15 January 2016) (copy of Judgment). […]

Cities behaving badly and other bits

A remarkable note on the Community Law Partnership site sets out what may possibly amount to a mass unlawful eviction of secure tenants by Birmingham City Council. Birmingham CC have been using High Court Sheriffs for evicting secure tenants after a possession order. This is often quicker than county court bailiffs and importantly, there is […]

The Something Must Be Done Bill, Calais edition

The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an […]

Too late for Art 8?

When should an article 8 defence be raised? And are there different kinds of social landlords, such that the analysis of Article 8 defences in Pinnock and Powell might not be applicable to all? These were questions in Lawal & Anor v Circle 33 Housing Trust [2014] EWCA Civ 1514. In what the Court of […]

Urgent appeals in warrant suspension cases

We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The […]

Proportionality and stay of eviction

One of the questions posed as a result of Hounslow LBC v Powell [2011] UKSC 8 [our report here] is what happens if a proportionality argument is raised after a possession order has been made, but before eviction. Powell found that s.89 Housing Act 1980, which limits the time for a stay of possession order […]

When is a warrant executed?

Royal Bank of Scotland v Bray Halifax County Court 25 November 2011 At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? This is a County Court case, but the Court’s decision is clear […]

That’s not the way to do it

Zolotareva v Russia (App. No. 15003/04) With a hat-tip to the Garden Court bulletin, here is a decision of the European Court of Human Rights on the enforcement of an eviction. Ms Zolotareva lived in a municipally owned flat with her son, ex-daughter-in-law and grandchild. She thought that could no longer all live together (I […]

On the naughty step: Bait and Switch

I don’t read the Daily Telegraph. Frankly I’ve failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of regret that Britain ever came off the gold standard. I was […]