In recent years, the question of "proportionality" has increasingly been raised as a defence to possession proceedings. Sarah Corrigan, an adviser with extensive experience in defending possession action, discusses the merits of acceptable behaviour contracts as an alternative to possession action and an effective method of dealing with antisocial behaviour.
Housing Rights broadly welcomes the Financial Conduct Authority’s response to this issue, which aims to provide a framework which lenders can use to ensure ‘fair remediation for customers.’ We welcome the FCA’s characterisation of lenders’ practices as ‘automatic capitalisation’, leading to customers making overpayments, and the recognition that this may have led to unfair customer outcomes. Housing Rights also welcomes the FCA’s statement that they ‘expect firms to put this right, and ensure the practice ceases.’
Housing Rights is pleased to offer several further comments on particular aspects of the proposed guidance framework, with the aim of ensuring that the framework fully provides fair remediation for affected customers.
Homelessness Awareness Week's (HAW) aim is to highlight the issue of homelessness across Northern Ireland, and to mark the continued efforts of organisations, staff, and service users working in the sector. In recognition of this, we look at how Housing Rights recently helped Sarah, a Housing Executive tenant at risk of losing her home. This is just one example of the many ways Housing Rights works to prevent homelessness in NI.
Carmel Ferguson, Solicitor with Housing Rights, analyses a recent decision from the Chancery Master which deals with a second charge lender’s rights to pursue possession proceedings in respect of a secured loan.
A judgment from the England and Wales Court of Appeal will be relevant to any social landlord wishing to recover possession of a dwelling due to a tenant’s alleged breach of tenancy conditions. This judgment sets out guidance on:
The complex issue of antisocial behaviour (ASB) in a housing context has been discussed several times in Housing Rights’ articles and through case reports. Providing advice and assistance to those affected by ASB is an important area of our work.
Since landmark judgments in the Pinnock and Powell cases back in 2011, housing practitioners and legal professionals have questioned how human rights arguments can be applied to possession proceedings in the privately rented sector. Carmel Ferguson, Solicitor with Housing Rights, considers a recent Supreme Court judgment that delivers clarity on this issue.