Eviction companies, conducting litigation, and defective notices

Kassam v Gill & Gill (13th August 2018, County Court at Birmingham) (copy of judgment here) Regular readers and long term twitter followers will know that we tend to take a dim view of unqualified, unregulated ‘evict your tenant’ set ups. Here is a very interesting case involving just such a company and in which […]

Approximate grounds

Masih, R (on the application of) v Yousaf [2014] EWCA Civ 234 When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be? In this case, reaching the Court of Appeal via a slightly convoluted route as an […]

Rent arrears management – boring title, excellent report

Is it too much to hope that – finally – the Government might take steps to ameliorate and / or prevent the use of Ground 8? During the passage of the Housing and Regeneration Act 2008, the Government gave a commitment to look again at the use of inter alia, Ground 8 in the social […]

L & Q Change Practice on Ground 8

News has come our way (circuitously) of a change in practice by London and Quadrant on the use of Ground 8, the mandatory ground for possession on the basis of rent arrears in respect of assured tenancies, from 01 August. Apparently, they will now only use it in “exceptional circumstances” (eg abandonment). Maybe others will […]

Request for info – Ground 8

Ah, Ground 8. How we love it. We have been asked by some researchers, who are investigating housing association rent arrears management as well as their use of Ground 8, if readers would get in touch with them if they have experience of RSLs using Ground 8 and in what circumstances it is used.  The […]

Comments on Weaver

Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). Ground 8 and Legitimate Expectation First the substantive ground of challenge – that the use of Ground 8 mandatory possession claims by L&Q Housing […]

L&Q v Weaver flash

Judgment just out Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) Full notes tomorrow, but the headline is: L&Q is a public authority in its housing function for the purposes of Judicial Review. Use of ground 8 possession claims is not a breach of legitimate expectation.

Friday News round-up

The debate on the Housing and Regeneration Bill on 31 March saw clauses on both Ground 8 Possession and tolerated trespassers put forward by the Government. Clause 9 appears to stop RSLs using ground 8 at all and to introduce a reasonableness defence in general for ground 8 where housing benefit delay or failures have […]

DDA and mandatory possession

S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord. In some ways, there is nothing particularly surprising in the case – the Court found that the DDA was not […]

While waiting for Weaver…

I’m eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001] EWCA Civ 595 up online. It made an interesting re-read, thinking about the issues […]