Possession and section 11, Children Act 2004

In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children.  Herts claimed mandatory possession on service […]

Closure, possession and legal representation

Courtesy of Jim Shepherd of Doughty Street Chambers comes this account of a county court appeal of a Ground 7A possession claim, following a closure order. The appeal of the possession order was partly on the basis that the Defendant could not get legal aid in time. Goode v Paradigm Housing , October 2015 The […]

You gotta have an opinion

Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We’ve also ended up writing this as something of a tag team. Chief did most of it and starts us off.] Sometime […]

Dear Mr Shapps

My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one. You announce that you: will introduce a new additional mandatory ground for possession, so those tenants […]

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 […]

Shared Ownership – Midland Heart with benefit of transcript

The earlier post on this shared ownership possession case, Richardson v Midland Heart Ltd, (November 2007 Birmingham) attracted a lot of comment, some of it excitable and ill-informed (and much of that from me). Nearly Legal now has a copy of the judgment, and the benefit of time and reflection to go on. Before we […]

Lack of ownership in shared ownership

[Edit 15/09/08. It now looks like the following judgment is a) being appealed shortly and b) may only have been a County Court judgment, not High Court – this latter point is not clear but reliable sources say County Court] [Edit 18/09/08.  In the comments to this post, a few people, mostly being me, were […]

Comments on Malcolm in the Lords

Oh dear, oh dear. That could have gone better. I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with the judgments. 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 […]

Hey, you asked 2

More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice. what does mandatory possession mean It means that if the ground is successfully […]