Once there has been a breakdown in the landlord and tenant relationship, and the landlord wants to seek possession, the default route is the instigation of formal possession proceedings. A problem that assured and assured-shorthold landlords are starting to encounter more frequently, however, is the Section 21 debarment that results from a failure to comply … Continue reading →

When a social tenancy has been in place for decades, establishing what has previously occurred, and how it might impact a legal dispute today, can prove a complex matter. One generally accepted rule, though, is that whether it is governed by the Housing Act 1985 (“HA 1985”) or the Housing Act 1988 (“HA 1988”) only … Continue reading →

The interference with a right of way (via obstruction) can be of incredible nuisance and annoyance to someone who relies on that right of way for access to property or land. The problem is even more acute in built up areas where there may be no other means of access, no alternative route and no … Continue reading →

The criteria that must be met in order to render a notice to quit effective are straightforward but stringent. Many District Judges are hesitant to throw people out of their homes, even when arrears have been accrued, and will often feel bound to deny the landlord an eviction if a notice is defective. It is … Continue reading →

S.3(a)(2) of The Protection from Eviction Act 1977 serves a purpose; it shields those that let out rooms in their homes, for whatever reason, from the court processes usually required to evict a tenant against their will. These processes can be costly, protracted and stressful, and Parliament decided that live-in-landlords should not have to endure … Continue reading →

I have recently observed a number of possession cases against unknown trespassers where the Judge has refused to hear the claim on the basis that service was not effective. In each instance, the Claimant had tried to effect service by attaching the relevant documents to objects to the land or property in some way (windows, … Continue reading →