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13 April 2007 / Jon Holbrook , Nick Billingham
Issue: 7268 / Categories: Features , Landlord&tenant , Property
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Rethinking possession orders

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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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