Articles tagged Possession
Permission 1 – refused: date of notice
Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet]
This was a permission to appeal to the Court of Appeal hearing.
The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was required:
After: 22ND NOVEMBER 2008 or,
if this notice would otherwise be [...]
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I’ll get you, my pretty, and your little dog, too! Two*
Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265
This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice.
The brief facts are at para 1 of the Court of Appeal judgment:
Alfie is a Jack Russell/Border Collie cross. He lives with the [...]
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Underhand but not abusive
Andrew Henley v Shelly Bloom [2010] EWCA Civ 202
This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley’s claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit judge having been dismissed.
The brief facts: Mr H was [...]
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A holding note: Coombes v LB Waltham Forest
We have been aware of Coombes v LB Waltham Forest (Sec of State intervening) noted at [2010] All ER (D) 59 and on Lawtel, decided on 08.03.2010 in an extempore judgment (Cranston J), but waiting for the full transcript to be provided by the High Court. The case concerns the compatibility of section 3, Protection [...]
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Repeat Players
[with apologies to the most cited, and brilliant, socio-legal article: Marc Galanter, "Why the 'haves' come out ahead: Speculations on the limits of legal change"]
Mr Justice Beatson dismissed a renewed application for judicial review in R(Husband) v Solihull MBC [2009] EWHC 3673 (Admin). The claim was pursued on Mr Husband’s behalf by Stephen Cottle, who [...]
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Unlawful Eviction, exemplary damages and why people don’t like estate agents
Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009.
This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of the nature and the character of the dramatis personae:
Mrs Islam – a [...]
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Tenancy Deposits on Sale and Rent Back on Appeal
The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
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Trigger happy?
In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon’s decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of a gateway (b) defence in the higher courts (after Doherty itself and McGlynn). There are [...]
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How did this happen?
…. or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 – Lawtel note only
The claimant, as trustee in bankruptcy of the respondents sought an order for possession and sale [...]
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Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
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