header-logo header-logo

Rethinking possession orders

13 April 2007 / Jon Holbrook , Nick Billingham
Issue: 7268 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Jon Holbrook and Nick Billingham explain how to strike a balance between landlords and tenants

Many tenants are unable to pay their rent, through no fault of their own, and judges are rightly sympathetic to their plight. But there are some tenants who are at fault in failing to pay their rent. Too many judges are unable to distinguish between these two types of tenants.

Catalyst Communities Housing Association v Colemack (Brentford County Court, 7 November 2006, unreported) illustrates the problem (see graph on p 507). In June 2000 the court gave Ms Colemack 13 years to repay her arrears of £3,337 at £5 per week. During the next six years she succeeded on seven occasions to get the warrant suspended while her arrears continued to increase. By the seventh warrant suspension Colemack’s arrears were £12,358 yet the district judge gave her another 47 years to pay them.

The housing association became tired of the court ‘driving a coach and horses’ through its rent recovery systems, and an appeal to the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll