All out of Proportion
by Giles Peaker | 29 Nov, 2018 | Assured Shorthold tenancy, Housing law - All, Possession
We saw the case of McDonald v McDonald through the Court of Appeal and the Supreme Court. The Supreme Court found that as between private parties, there was no right to a proportionality review of eviction under the Section 21 possession claim...
Mortgage possession and disability discrimination
by Giles Peaker | 3 Jan, 2016 | Housing law - All, Mortgage possession
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings. Ms V had a £96,000 repayment mortgage...
Human Rights Round-up
by SJM | 4 Aug, 2013 | ASB, Housing law - All, Licences and occupiers, Possession
3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State's failure to protect her and her two children under...
I think someone has got a little confused
by Giles Peaker | 19 Dec, 2012 | Assured Shorthold tenancy, Housing law - All, Possession
According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and...
Proportionality – between claim and hearing
by Giles Peaker | 21 Oct, 2012 | Housing law - All, Possession, Succession
Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012)...
Housing and Human Rights Round-Up
by SJM | 14 May, 2012 | Housing law - All, Licences and occupiers, Possession
Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria. Mago The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the...
The tenant is dead, long live the tenant
by Francis Davey | 11 May, 2012 | assured-tenancy, Housing law - All, Licences and occupiers, Possession, Succession
Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I'm not sure there's much to see there — one of the team said that he was not "remotely excited about it". But it...
Any answers?
by chief | 28 Apr, 2012 | Housing law - All
The April edition of Legal Action brings news that Hurst v UK has settled. As will be seen from the ECtHR's Statement of Facts and Questions to the Parties Hurst involved a secure tenant who murdered a neighbour, the applicant's son, during the...
Occupy LSX update
by Giles Peaker | 19 Jan, 2012 | Housing law - All, Possession
As you may well have seen in the news, the Corporation of London was granted a possession order and injunction against the tents and camp of Occupy LSX in the churchyard area outside St Paul's Cathedral by the High Court on Wednesday 18 January....
Money can't buy you everything
by Giles Peaker | 18 Dec, 2011 | Housing law - All, Licences and occupiers, Possession
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably...
Morris dancing
by Giles Peaker | 28 Sep, 2011 | Homeless, Housing law - All
Bah v The United Kingdom - 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ...
That's not the way to do it
by chief | 12 Aug, 2011 | Housing law - All, Possession, Unlawful eviction and harassment
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,...
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