Speaking to a solicitor friend of mine recently who does housing association repossession work, she said bitterly that it seemed to be impossible nowadays to evict tenants who have any sort of disability. She is not going to be pleased with the recent Court of Appeal decision in London Borough of Lewisham -v- Malcolm. Mr…
Housing associations, in particular Riverside Housing Association, will have been popping champagne corks recently, to celebrate the result of the recent House of Lords decision in the case of Riverside Housing Association v. White. In this case Mr and Mrs White, who were being evicted by their landlords, Riverside, sought to claim that they were…
Figures from the DCA show that landlord possession claims were 20% down during the last quarter. Co-incidentally this was the first quarter after the rent arrears protocol came into force. That’s the protocol which requires social sector rent officers to try to sort things out before issuing proceedings for possession. So maybe it was a…
We are huge Doctor Who fans in our house, so when I bought some lapel mikes for my recording equipment, my son Patrick insisted that I interview him as a Dalek. Landlord and tenant law on Skaro seemed the obvious choice of topic, although purists will realise that of course this interview is impossible as…
In some towns pigeons are such a problem that feeding them is punishable by eviction from your home! So says this report from the Norwich Evening News. ASBOs are also threatened against those anti-social tenants who persist in feeding the birds. Indeed apparently in Bristol, 63-year-old Graham Branfield was given an indefinite anti social behaviour…
For a long time housing law has been bedeviled by a concept known as ‘the tolerated trespasser’ which occurs when a tenant who has had a suspended possession order made against him, breaches the terms of the order but is allowed to stay in occupation. A suspended possession order is where a possession order is…
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The tenant’s dilemma
The tenant’s dilemma, a new report from the Citizens Advice Bureau, states that tenants are put off complaining about their landlords failure to keep their property in proper repair because their landlord might retaliate by evicting them under the section 21 ‘loophole’. Government figures indicate, they say, that nearly one million private rented homes fail…