This is a real hangover from the past, but a surprising number of people still think that accepting rent from a tenant they are evicting will somehow prejudice their case. This dates back to pre Housing Act law. For hundreds of years back into the past, landlords have been able to evict tenants under a…
I have been having a bit of trouble recently with one of my section 21 repossession claims (using the accelerated procedure), which should have been an open and shut case. However, irritatingly, things have been held up due to the tenant putting in a defence claiming that he never received the notice. This is really…
Housing charity Shelter are jubilant after succeeding in saving the home of Paul Amanda Jackson of Shrewsbury, where they had lived for over 20 years. According to the BBC report, Mr and Mrs Jackson entered a sale and rent back deal with a company, Repossessions Stopped, in 2005 after getting into mortgage arrears. However two…
One of my clients has a non paying tenant living in a property in the jurisdiction of the Luton County Court. Proceedings were issued on 19 March and an order for possession was obtained on mandatory grounds on 11 May, when the tenant was ordered to vacate on or before 25 May. She did not…
A report on the BBC site today regarding problems experienced by buy to let landlords indicates that mortgage companies now seem to be more willing to appoint a ‘receiver of rent’, as opposed to evicting the tenant so they can sell as mortgagee in possession. This is good for tenants, as it means that they…
There are four interesting cases in the most recent edition of Legal Action Magazine on proceedings for possession under section 21 and the provisions of the Housing Act 2004, so I hasten to share them with you. They all cover different points. Although they are all County Court decisions and therefore not binding on other…
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Ancient law may help landlords
We have all known it happen. A tenant says that he is going, and then at the last moment changes his mind and decides that he would like to stay on after all, actually. Thereby causing the landlord (and any tenants who he had lined up to move in) huge inconvenience. Although the landlord will…