Disrepair Claims Farmers should concern us all
Author: Giles Peaker
19th August 2019, 7 years ago | 100
Giles Peaker
Giles Peaker
Registered with Property118.com
7th January 2016
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Reply to comment left by Robert Mellors at 21/03/2016 - 23:25
Reply to the comment left by "Robert Mellors" at "21/03/2016 - 23:25": Not sure about unlawful eviction per se, as it was on the basis of a lawful writ. However, as the writ was obtained by an abuse of process...
Read More →21st March 2016, 10 years ago
I'll just leave this here... http://nearlylegal.co.uk/2016/03/righting-wrong-writs-high-court-enforcement/
Read More →9th February 2016, 10 years ago
More on the whole 'use of N293A' thing coming soon. Can't give details yet, but hopefully not long.
Read More →Reply to comment left by David Carter at 15/01/2016 - 15:23
Reply to the comment left by "David Carter" at "15/01/2016 - 15:23": PS - the form would be an N244 - standard application form.
Read More →Reply to comment left by David Carter at 15/01/2016 - 15:23
Reply to the comment left by "David Carter" at "15/01/2016 - 15:23": Hi David Perhaps slight cross purposes here. I completely agree that possession orders against tenants can be transferred up by an application under section 42, and the MoJ...
Read More →Reply to comment left by David Carter at 15/01/2016 - 15:23
Reply to the comment left by "David Carter" at "15/01/2016 - 15:23": Hi David, Thanks for this - but we may be addressing slightly different things. Absolutely, I agree it is possible to transfer up by an application to the...
Read More →Reply to comment left by Robert Mellors at 15/01/2016 - 09:36
Reply to the comment left by "Robert Mellors" at "15/01/2016 - 09:36": Robert Statute overrides common law. HA 1988 s.5 applies. So rescission by common law action by the landlord is not available if the tenancy has started. As far...
Read More →Reply to comment left by Robert Mellors at 14/01/2016 - 23:30
Reply to the comment left by "Robert Mellors" at "14/01/2016 - 23:30": Afraid the 'fraudulent misrepresentation' doesn't void a tenancy - it is a ground for possession, ground 17 Housing Act 1988 Sch 2. A person occupying under a licence...
Read More →Reply to comment left by Chris Byways at 14/01/2016 - 22:44
Reply to the comment left by "Chris Byways" at "14/01/2016 - 22:44": The current state of play is that the Sheriffs Office told me to talk to the High Court Enforcement Officers Association (HCEOA). I already had done that, and...
Read More →Reply to comment left by David Carter at 07/01/2016 - 10:36
Reply to the comment left by "David Carter" at "07/01/2016 - 10:36": David (and any landlord unsure of the potential consequences of using N293A) might also want to consider this - from a comment left on my post by a...
Read More →Reply to comment left by Romain Garcin at 07/01/2016 - 13:37
Reply to the comment left by "Romain Garcin" at "07/01/2016 - 13:37": Eviction doesn't have red tape - one application form for CC bailiffs. I agree that the delay in county court bailiffs appointments in many courts is ridiculous, but...
Read More →Reply to comment left by David Carter at 07/01/2016 - 10:36
Reply to the comment left by "David Carter" at "07/01/2016 - 10:36": CPR 83.13 is perfectly clear. And here is District Judge Backhouse on the use of N293A Form N293A (‘combined certificate of judgment and request for writ of fieri...
Read More →Reply to comment left by David Carter at 07/01/2016 - 10:36
Reply to the comment left by "David Carter" at "07/01/2016 - 10:36": David Can you post or send a link to this guidance? I would be astonished if it contradicts the provisions of the Civil procedure Rules, at 83.13 (and...
Read More →