It is also available in
possession claims brought on grounds of rent arrears.
By its decision in McDonald, the Court of Appeal has provided a degree of certainty as to the position of human rights arguments as defences to residential
possession claims brought in the private sphere.
Recent work: Successfully defended
a possession claim brought by a local authority, who contested that the individual did not satisfy succession conditions.
Not exact matches
The Justices unanimously held that a court must give detailed consideration to a challenge to a landlord's
claim for
possession where it is
brought by a disabled tenant under the Equality Act 2010, in Akerman - Livingstone v Aster Communities.
In
claims brought under section 8, the Court has a discretion whether to award a
possession order but also has the power to make an order requiring payment of any arrears outstanding, if appropriate, and also costs.
735 ILCS 5/13-213 (c): Alteration, modification or change No product liability action based on any theory or doctrine to recover for injury or damage
claimed to have resulted from an alteration, modification, or change of the product unit after the date of first sale, lease, or delivery of
possession of the product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and, in any event, within 10 years from the date the alteration, modification, or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is
brought within that period.
Recent highlights include acting for two individuals in separate
claims relating to adverse
possession; handling a lease renewal
claim for a car dealership; acting for a private tenant in an enfranchisement
claim regarding a property in Central London; and representing a national commercial landlord in
bringing a dilapidations
claim against a former tenant.
By July 2013, the arrears were continuing to increase and so Peabody
brought a
claim for
possession.
She is commonly instructed by local authorities to
bring possession claims based on failed succession, antisocial behaviour, non-occupation, subletting and rent arrears.
In Allen v London Borough of Southwark [2008] EWCA Civ 1478, [2008] All ER (D) 113 (Nov) the Court of Appeal considered whether the
bringing of five separate
possession claims, each raising the same bad point, could amount to harassment under PHA 1997.
Every year, more than 220,000
claims are
brought for
possession, mostly for rent and mortgage arrears.
It is clear that these have had a beneficial impact on the
possession process, reducing the number of
claims brought and leading to an improvement in the practices of many landlords and lenders.