The excellent housing law section in Legal Action magazine has five cases reported this month on harassment and unlawful eviction. I summarise them below. 1. Fakhari v. Newman, Woolwich County Court, 7 January 2010 Here the landlords failed to protect the deposit, and there were repairing problems with the boiler, and the windows. However it…
Probationary tenancy? This urban myth is really about the law overriding what landlords want to happen. What many landlords would like, is to have their tenants live in the property for a short probationary period, during which time the landlord can evict the tenant at will, before the tenancy starts properly. Not possible. Sorry! Street…
Mrs Shelley Bloom was a landlord. She desired to evict her tenant, Mr Andrew Henley. He, having lived in the property for over 20 years, did not want to go, even though he had complained about its condition to his landlord in the past. Possession proceedings were issued, which developed complications (no need to go…
Section 21 possession notices and eviction I am pleased to report a Court of Appeal related decision on section 21 notices, which finally takes a sensible attitude on saving clauses. As you may or may not know, where the notice is served after the fixed term has come to an end, the persons drafting the…
As has already been announced on the PainSmith blog and on Nearly Legal, there is now, finally, a binding decision (for now) on tenancy deposits and the vexed question of when the award of three times the depost sum can be made to the tenant. Whether it is a decision that we like is another…
The January issues of Legal Action Magazine has two reports on harassment and unlawful eviction damages cases, which I thought might interest you. Note the massive damages in the second case! Odera v. Iqbal – Luton County Court, 3 September 2009 In this case the tenant had the tenancy of a room in a shared…
A case recently reported in the Legal Action Magazine shows how silly things can get, if the court paperwork is not completed correctly by the claimant or his solicitors. Mr O’Brien granted Mr Hill an assured shorthold tenancy from 9 June 2008. No deposit had been paid to him. On 12 June he served a…
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