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When everyone has a home

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Repossession

Carmel Ferguson discusses an England & Wales Court of Appeal judgment which considered the question of when a residence should be treated as an individual’s principal home.

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Repossession, Case law, Legal

Housing Rights has been providing specialist advice to homeowners at risk of repossession for many years. One of the avenues open to certain people facing repossession is an argument that the loan they’ve entered into has created an “unfair relationship”. Solicitor Chris McGrath discusses how this argument can work as it is important that those advising in respect of mortgage lending have an understanding of the remit of the unfair relationship provisions

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Repossession, Practical tips, Case law, Legal

In recent years, the question of "proportionality" has increasingly been raised as a defence to possession proceedings.  Sarah Corrigan, an adviser with extensive experience in defending possession action, discusses the merits of acceptable behaviour contracts as an alternative to possession action and an effective method of dealing with antisocial behaviour. 

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Repossession, Social Tenancies

James* first contacted us in 2014. He called into our office after hearing about our Mortgage Debt Advice service from a friend.

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Repossession, Practical tips, Homelessness

In October 2016 the Financial Conduct Authority (FCA) announced it was consulting on new guidance on the treatment of customers with mortgage arrears.

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Regulation, Repossession, Policy, Affordability

Housing Rights Policy Response FCA's fair treatment of mortgage customers in payment shortfall

Housing Rights broadly welcomes the Financial Conduct Authority’s response to this issue, which aims to provide a framework which lenders can use to ensure ‘fair remediation for customers.’ We welcome the FCA’s characterisation of lenders’ practices as ‘automatic capitalisation’, leading to customers making overpayments, and the recognition that this may have led to unfair customer outcomes. Housing Rights also welcomes the FCA’s statement that they ‘expect firms to put this right, and ensure the practice ceases.’

Housing Rights is pleased to offer several further comments on particular aspects of the proposed guidance framework, with the aim of ensuring that the framework fully provides fair remediation for affected customers.

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Regulation, Repossession, Policy, Affordability

Homelessness Awareness Week's (HAW) aim is to highlight the issue of homelessness across Northern Ireland, and to mark the continued efforts of organisations, staff, and service users working in the sector. In recognition of this, we look at how Housing Rights recently helped Sarah, a Housing Executive tenant at risk of losing her home. This is just one example of the many ways Housing Rights works to prevent homelessness in NI. 

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Repossession, Social Tenancies, Affordability

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

The complex issue of antisocial behaviour (ASB) in a housing context has been discussed several times in Housing Rights’ articles and through case reports. Providing advice and assistance to those affected by ASB is an important area of our work.

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Repossession, Social Tenancies

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