header-logo header-logo

When protection matters

14 April 2011 / Robert Eckford
Issue: 7461 + 7462 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Robert Eckford explains how the Court of Protection can help with “hoarders” & unco-operative tenants

A common problem faced by social landlords is the hoarding tenant or the tenant who refuses to engage or co-operate with their landlord, or with social services in providing support for their tenancy.

Such tenants can cause significant problems for landlords. Hoarders can accumulate volumes of rubbish and clutter leading to unsafe and unhygienic conditions in the property, including posing a fire risk or leading to infestations. This in turn can affect the tenant’s neighbours and lead to complaints.

Non-engagement by a tenant can also causes problems, such as refusing to permit the landlord to enter the property for inspections or to undertake works, or refusing to pay rent. Either type of tenant is likely to be in breach of their tenancy as a result.

Injunctions

In some cases the landlord can seek an injunction from the court. This can be an effective remedy as it forces the tenant to clear their property or allows the landlord

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll