header-logo header-logo

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

Valuable possession

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll