Legal

A judgment from the England and Wales Court of Appeal will be relevant to any social landlord wishing to recover possession of a dwelling due to a tenant’s alleged breach of tenancy conditions.  This judgment sets out guidance on:

Solicitor Carmel Ferguson looks at a recent judicial review into London Borough of Southwark’s refusal to allow an applicant to make a fresh application for homelessness assistance, after the applicant’s original application was unsuccessful.

Social landlords are entitled to recover possession of a dwelling without applying to courts for a possession order where they have carried out investigations and are satisfied that a property has been abandoned by the tenant.  Solicitor Chris McGrath looks at what a landlord is required to do in order to satisfy the legislative requirements relating to abandonment and at a tenant's right to appeal the termination of his or her tenancy under this procedure. 

Since landmark judgments in the Pinnock and Powell cases back in 2011, housing practitioners and legal professionals have questioned how human rights arguments can be applied to possession proceedings in the privately rented sector.  Carmel Ferguson, Solicitor with Housing Rights, considers a recent Supreme Court judgment that delivers clarity on this issue.