Part of the housing management and litigation team.
I advise registered housing providers in connection will all aspects of housing litigation, including possession claims based on rent and/or anti-social behaviour, demotion claims and injunctions.
I have been at Anthony Collins Solicitors for many years and worked with a variety of registered providers. Through my experience gained as a judge’s clerk at Birmingham High Court, I provide training to clients and external institutions on how best to use the county court system and collect witness evidence.
The recent case of Cardiff CC -v- Lee (see our ebriefing here) has left landlords needing to apply to the Court for permission to issue a warrant of possession where an SPO has been breached.
The changes can be found in The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule to those Regulations contains the content of the prescribed form of the new Section 8 Notice Seeking Possession.
Recap - What is an Article 8 Defence? Where a tenant seeks to persuade the Court that eviction from their home would not be proportionate.
Now is the time to review procedures re the necessary pre-action steps that need to be taken prior to issuing possession proceedings.
To recap the following tools will be available as of 20 October 2014: New absolute Ground for Possession – available for both secure and assured tenants, the new absolute Ground for possession creates 5 different conditions that can give rise to a mandatory Possession Order.
As a result of the changes individual Court buildings will become Hearing Centres. The back offices will be Administrative Centres.
The Anti-Social Behaviour, Crime and Policing Act received Royal Assent on 13 March 2014 and it is anticipated that it will come into force in the Autumn of 2014.
The Anti-Social Behaviour, Crime and Policing Bill is just finishing its way through Parliament and it is anticipated that it will come into force in the Autumn of 2014.
This time however the Court found that proportionality can be considered at enforcement stage after a Possession Order has been made. JL was a tenant of the Secretary of State for Defence due to her husband being an Army Officer.
The Government has now considered the HASC report and issued its own response to it. The key issues discussed are set out below. The HASC was concerned that the proposed IPNA would be "easier" to obtain than an ASBO and would be open to more agencies than the ASBI.
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