Articles

A father’s unsuccessful application to transfer the welfare stage of care proceedings to Romania.

When a tenant dies, the contractual tenancy survives, meaning possession of the property cannot be obtained from the (non-succeeding) current residents until that tenancy is terminated by notice to quit. But how is that process carried out if probate (or letters of administration) have not yet been granted?

Housing lawyers and professionals will find the judgment important because of the Supreme Court's finding that a housing association is entitled to reserve its housing stock for people sharing a protected characteristic without necessarily thereby committing unlawful direct discrimination.

Application by the Official Solicitor on behalf of the protected party [PP] to commit the respondent for contempt of court, where the allegation was that the respondent had falsified a court order.

Practitioners should be aware that the changes to Part 81, Civil Procedure Rules which came into effect on 1 October 2020 have already caused issues in the county courts in matters concerning Anti-Social Behaviour, Crime and Policing Act 2014. There has been a disparity in how the courts are dealing with breaches both on arrest and on application.

In public law care proceedings in which the mother sought findings against eight interveners for sexual abuse of her 6 year old son and others, the court considered it was not necessary or proportionate to determine the findings of fact sought by the mother and that it was appropriate for each of the interveners to be discharged.

The UK government has extended various schemes to protect commercial tenants as the Covid-19 pandemic continues to affect the economy.

The court considered the interplay between obligations of the state under the 1980 Hague Convention and under immigration law including the 1951 Geneva Convention.

Further to our update on possession claims earlier this week, as of yesterday there is now a wealth of guidance online ahead of possession claims resuming in the courts from Monday (21 September). Housing lawyers have a lot of reading to do before Monday.

The Master of the Rolls’ working party has finalised its guidance document so that the legal system, and in particular the courts, can manage housing possession cases once the stay on proceedings is lifted on 20 September.