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Case law

Carmel Ferguson, Solicitor with Housing Rights, analyses a recent decision from the Chancery Master which deals with a second charge lender’s rights to pursue possession proceedings in respect of a secured loan.

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Repossession, Case law, Legal

A judgment from the England and Wales Court of Appeal will be relevant to any social landlord wishing to recover possession of a dwelling due to a tenant’s alleged breach of tenancy conditions.  This judgment sets out guidance on:

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Repossession, Social Tenancies, Case law, Legal

Solicitor Carmel Ferguson looks at a recent judicial review into London Borough of Southwark’s refusal to allow an applicant to make a fresh application for homelessness assistance, after the applicant’s original application was unsuccessful.

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Homelessness, Case law, Legal

Since landmark judgments in the Pinnock and Powell cases back in 2011, housing practitioners and legal professionals have questioned how human rights arguments can be applied to possession proceedings in the privately rented sector.  Carmel Ferguson, Solicitor with Housing Rights, considers a recent Supreme Court judgment that delivers clarity on this issue.

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Repossession, Private Tenancies, Case law, Legal

Landlord licensing is set to be introduced for HMOs in Northern Ireland following the Assembly’s passing of the Houses in Multiple Occupation (HMO) Bill. The Bill is currently awaiting Royal assent.

Although not solely focused on private rented properties, the HMO Bill is seen as a key component in improving regulation and standards within the sector. It is hoped the Bill will provide better protection for tenants living in houses of multiple occupation.

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Fitness, Regulation, Private Tenancies, Case law, Landlord, Legal

A recent Northern Ireland Court of Appeal judgment, Argue V Northern Ireland Housing Executive Neutral [2016] NICA 18 (5 April 2016)  considers the provisions of the Defective Premises (Landlord's Liability) Act (Northern Ireland) 2001.

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Social Tenancies, Private Tenancies, Case law, Landlord, Legal

The UK Supreme Court recently considered issues around eligibility of certain foreign nationals for certain benefits and housing assistance.

In Samin v Westminster City Council [2016] UKSC 1 the Supreme Court dismissed the appeal which sought to incorporate a proportionality requirement into the statutory test for eligibility, and to argue that the test itself was discriminatory under EU law.

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Minority Groups, Homelessness, Case law, Legal

The Northern Ireland High Court of Justice decision in The Woolwich v Boyd [2015] NICh 16 , issued by Mr Justice Deeny in the High Court Chancery Division, deals with the issue of the extent of the discretion of the court in an application for a stay on an order for possession of a home; and how this discretion is exercised.

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Repossession, Case law, Legal


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