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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 →