header-logo header-logo

Valuable possession

24 March 2011 / Jon Holbrook
Issue: 7458 / Categories: Features , Public , Landlord&tenant
printer mail-detail

Jon Holbrook considers recent case law on possession claims that could cause untold harm to social housing

Thousands of possession claims are brought each year by landlords who only have to prove ownership of the land and service of a valid notice. These claims are brought against occupiers who, for reasons that serve the wider public interest, do not have security of tenure. Two recent decisions by the Supreme Court have transformed the legal landscape for social landlords who seek to exercise these rights (Pinnock [2010] 3 WLR 1441, [2011] 1 All ER 285 and Powell [2011] UKSC 8, [2011] All ER (D) 255 (Feb)). It is now open to an occupier to resist a possession order on the grounds that it would not be proportionate, having regard to Art 8 of the ECHR, to make the order. This defence will often be combined with a public law defence which has been given life by other recent House of Lords judgments (Kay [2006] 2 AC 465 and Doherty [2009] 1 AC 367).

These cases are perplexing for deciding that County Courts have powers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll