Entries by Russell James

Eviction, Unlawful Eviction & Covid-19

Recent media reports and social media excerpts suggest there has been an increase in attempts by landlords during the current Covid-19 (Coronavirus) crisis to evict their tenants including one national report of a landlord attempting to evict a paramedic by text. This article answers in brief some of the questions that tenants and landlords may […]

Appealing a Homelessness Decision Out of Time: A Welcome Sense of Realism Injected by the Court of Appeal in an Age of Legal Aid Advice Deserts

On 30 January 2020 the Court of Appeal handed down judgment in an important case concerned with bringing a homelessness appeal pursuant to section 204 of the Housing Act 1996 after the 21 day time limit prescribed. The decision is Al Ahmed v Tower Hamlets LBC [2020] EWCA Civ 51 and it involved an appellant appealing out of […]

Court of Appeal Grants Permission to Appeal in Livewest v Bamber 

The Court of Appeal has granted permission for a second appeal in the case of Livewest v Bamber [2018] EWHC 2454. This case concerns the correct interpretation and application of sections 21(1A) and 21(1B) of the Housing Act 1988 which apply to fixed term tenancies granted by registered providers of social housing.  In a judgment of the High Court […]

Fundamental Dishonesty Appeal Allowed

On 21 March 2017 HHJ Cotter QC sitting in the County Court at Exeter allowed an appeal against the refusal to permit the enforcement of a costs order against an unsuccessful Claimant in a personal injury claim.   Pursuant to rule 44.16 of the Civil Procedure Rules one of the exceptions to the qualified one […]

“The Supreme Court Rules That There is No Article 8 Proportionality Defence Available to Possession Proceedings in the Private Rented Sector: McDonald v McDonald [2016] UKSC 28.”

After 6 years of waiting to see whether a tenant of an assured shorthold tenancy provided by a private landlord can raise an article 8 (right to respect for private, family and home life) proportionality defence to possession proceedings pursuant to section 21 of the Housing Act 1988, the Supreme Court has this morning given […]