Social Welfare Lawyers in the Centre of Birmingham

Housing Cases

FJM – v – The United Kingdom, European Court of Human Rights

FJM – v – The United Kingdom, European Court of Human Rights, application number 76202/16 – 6th November 2018

The applicant is a vulnerable adult with psychiatric and behavioural problems. She had lost two public sector tenancies on account of her behaviour. In May 2005 the applicant’s parents purchased a property with the assistance of a mortgage. They then granted the applicant an assured shorthold tenancy of the property and she claimed housing benefit to pay the rent. The parents fell into arrears with the mortgage repayments and, in August 2008, the finance company exercised its powers under the mortgage to appoint receivers. The mortgage arrears persisted and, in January 2012, the receivers served notice on the applicant under Section 21 of the Housing Act 1988 which permitted the Court to make an order for possession of a property let under an assured shorthold tenancy if it was satisfied that the landlord had given the tenant at least 2 months’ notice in writing that possession was required. The applicant sought to resist the possession order on the basis of violation of her rights under Article 8 of the European Convention (the right to respect for private, family life and home). The Supreme Court had previously rejected the possibility of such a defence. The ECtHR also rejected this possibility. The ECtHR concluded:-

R (TW, SW and EM) – v – London Borough of Hillingdon and EHRC (intervener) [2018] EWHC 1791 (Admin) 13 July 2018

The London Borough of Hillingdon (LBH) allocates social housing in accordance with an Allocations Policy from 2016.  Under that Policy, applicants for social housing are placed into Bands (A, B, C or D) according to priority for social housing which they have under the policy.  Obviously a person in Band A has a better chance of being allocated housing than a person in Band B and so on.

Remove a Tenant? Maybe not this time!

A Circuit Judge has ruled that an order for possession made under Ground 8 Schedule 2 Housing Act 1988 be set aside because the notice sent to the tenant omitted certain words in reciting the statutory ground relied upon. Ground 8 is a ground for possession available to certain landlords when arrears of rent are seriously high (usually 2 months or more). Where this ground applies, the Court usually does not have the power to refuse to make the possession order (although there are numerous ways of defeating a Ground 8 claim).

John Romans Parks Homes Limited v Michael and Julie Hancock

John Romans Parks Homes Limited v Hancock CH1/19UM/PHC/2017/0002

This was a First-tier Tribunal Property Chamber case. In August 2003 Mr and Mrs Hancock sold their bungalow and purchased their mobile home at the Morn Gate Park Site in Dorchester. John Romans Limited purchased the park from A & M Properties Limited in May 2015. John Romans Limited sought to evict Mr and Mrs Hancock from the park simply by serving them with notice to leave.