Eviction in UK Law

  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 March 2006
    ... ... immediately prior to them moving onto the land at Spinkwell Lane the family had either been evicted or forced to move under the threat of eviction in excess of 50 times; (b) in May 2004 Kim Maloney had been admitted to the Leeds General Infirmary suffering from exhaustion and stress ... ...
  • Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening)
    • Supreme Court
    • 03 November 2010
    ... ... Section) rejected the contention that the reasoning in Connors v UK 40 EHRR 189 , paras 81-83, was "confined only to cases involving the eviction of gypsies or cases where the applicant sought to challenge the law itself rather than its application in his particular case": 47 EHRR 913 , para ... ...
  • Wandsworth London Borough Council v Michalak
    • Court of Appeal (Civil Division)
    • 06 March 2002
    ... ... Michalak has no right to occupy the premises, and that the council was entitled to treat him as a trespasser and seek a court order for his eviction ... 4 The Human Rights Act defences ... 16 I turn now to Mr Luba's arguments based on ECHR Articles 8 and 14, which form part of ... ...
  • Poplar Housing and Regeneration Community Association Ltd v Donoghue
    • Court of Appeal (Civil Division)
    • 27 April 2001
    ... ... on behalf of the defendant before the judge was that the notice which had been given did not comply with section 5 of the Protection from Eviction Act 1977. The judge held that section 5 only applied to purely common law notices to quit and not to statutory notices under section 21(4). No appeal ... ...
  • Harrow London Borough Council v Qazi
    • House of Lords
    • 31 July 2003
    ... ... over whether or not the applicant's links with the hotel room were sufficient and continuous enough to make it his 'home' at the time of his eviction". The general approach of the Strasbourg institutions has however been to apply a simple, factual and untechnical test, taking full account of the ... ...
  • Lewisham London Borough Council v Malcolm
    • House of Lords
    • 25 June 2008
    ... ... As Toulson LJ pointed out (para 144) the eviction process involves a number of steps (the service of the notice to quit, the issue of a claim form, the obtaining of an order for possession and, ... ...
  • Doherty and Others v Birmingham City Council
    • House of Lords
    • 30 July 2008
    ... ... On the same day the European Court of Human Rights gave judgment in Connors v United Kingdom (2005) 40 EHRR 9 ... It held that the eviction of a family of gipsies from a gipsy site by a local authority was a violation of their rights under article 8 of the Convention. As in this case, the ... ...
  • St. Marylebone Property Company Ltd v Fairweather
    • House of Lords
    • 16 April 1962
    ... ... 40 The question may be asked: Why did the common law on a surrender protect the underlessee from eviction? The answer is to be found in Coke on Littleton II p. 338, where it is said that "having regard to the parties to the surrender, the estate is ... ...
  • Drane v Evangelou
    • Court of Appeal (Civil Division)
    • 11 November 1977
    ... ... Drane notice to quit. That was not effective because the tenant was protected by statute from eviction. On the 8th October, 1975 the rent officer fixed the rent and adjudged it be £16 a week exclusive. Note the date - the 8th October, 1975 ... ...
  • Stewart and Others v Watts
    • Court of Appeal (Civil Division)
    • 08 December 2016
    ... ... order the Judge gave directions for a trial on the question whether the Trustees had breached their fiduciary duties in seeking Mrs Watts' eviction ... 17 That trial took place on 18 March 2016. She handed down judgment on 11 May 2016. She made findings of fact on ... ...
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