Human Rights Act Defences
[pms-restrict] By Gary Webber and Daniel Dovar Co-authors of Residential Possession Proceedings This article contains a detailed look at defences raised to claims for possession…
Possession Claims
Also in Possession Claims
Notice and Possession Claims
The editors of this section are members of Tanfield Chambers; this article is contributed by Will Beetson, Barrister (WBeetson@TanfieldChambers.co.uk)…
Appeals
Possession orders Summary hearing - raising new points on appeal Notting Hill Finance Limited v Sheikh [2019] EWCA Civ 1337 Summary The Court of…
Cause of action estoppel
Earlier possession order Was a secure tenancy - now assured Salix Homes v Mantato [2019] EWCA Civ 445 Summary A landlord was not prevented by cause of…
Public Sector Equality Duty
Introduction The Public Sector Equality Duty (PSED) contained in s149 of the Equality Act 2010 is in the following terms: (1) A public authority must…
Warrants
Issue of warrant for possession First date warrant can be issued Tuohy v Bell [2002] EWCA Civ 423 A warrant cannot be issued before the date on which…
Discrimination defences
For the importance of the Disability Discrimination Act 1995 in anti-social behaviour cases click here . General principles Summary disposal of claim…
Bankruptcy
Bankruptcy of the tenant and debt relief orders Do they prevent possession? Summary Although a money judgment cannot be made in respect of rent…
Protection from Eviction Act
This page deals with the following points: Where premises are let partly for residential purposes and partly for business purposes, such as a lease of…
Setting aside orders and warrants
This page has information relating to the setting aside of possession orders and warrants for possession. General principles for setting aside Setting…
Suspending warrants
Discretionary grounds Appeals from the district judge against suspended orders London Borough of Ealing v Richardson [2005] EWCA Civ 1798 Facts This…
Trespassers
This page deals with two points: Orders in respect of neighbouring land. No power to suspend order for possession without consent of owner. Order in…
Homeless persons
Homeless persons and possession claims London Borough of Tower Hamlets v Begum [2005] EWCA Civ 116 Summary A person with a statutory right to appeal…
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