Housing Law article
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…
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When is a warrant executed?
Royal Bank of Scotland v Bray Halifax County Court 25 November 2011At what point in the course of an eviction…
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Full of Sound and Fury…
Signifying nothing*(*And yes, I am aware that the preceding line is ‘A tale told by an idiot’.)The much trumpeted Wandsworth…
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Occupy LSX update
As you may well have seen in the news, the Corporation of London was granted a possession order and injunction…
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Two landlords prosecuted on gas safety
Its good to see that the Health and Safety Executive (HSE) is bringing a few cases against landlords who flout…
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All very frustrating, but what are the options?!
Painsmith has recently encountered the Kafkaesque world of the tenancy deposit protection schemes, specifically the DPS and its new rules relating to the release of the deposit following a court hearing.
DPS is currently refusing to release deposits wh…
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Appointment of a Manager instead of RTM
The Commonhold and Leasehold Reform Act 2002 introduced the new none fault Right to Manage legislation.
The idea was that if you had not less than 50% of the Qualifying Tenants interested they could form an RTM company and then take over the day to da…
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Substantial Dispute
Benesco Charity Ltd v Kanj & Anor [2011] EWHC 3415 (Ch)
CPR55.8 has been the the subject of a surprising amount of appellate interest recently. For those of you not nodding sagely at this point CPR55.8 deals with the Courts obligations at a summary possession hearing. Put simply the Court has two choices at such a hearing, set out in CPR55.8(1). They can either decide the claim by making a possession order or give case management directions. CPR55.8(2) states that “where the claim is genuinely disputed on grounds which appear to be substantial” those directions must either include an allocation to track or enable that allocation to occur.
In this … Read the full post
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It’s not the lawyers! It really isn’t!
Delays in possession hearings are not common in our experience but they can happen. In the case of Benesco Charity…
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Crumbs of comfort for those ‘too poor to go bankrupt’
Secretary of State for Work and Pensions v Payne & Cooper (test case) [2011] UKSC 60
This is a decision of the Supreme Court. It considers the issue of whether deductions in respect of Social Fund Loan repayments and overpaid benefits can continue to be made after the making of a DRO during the moratorium period of 1 year after which time the debt will be written off. It also tidies up the existing law and introduces coherence which both parties sought.
Mrs. Payne had received a Social Fund loan of £843 in September 2007. In August 2009 she obtained a DRO listing the SF loan as a qualifying loan. … Read the full post
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